BULLETIN   OF   THE   UNIVERSITY   OF   WISCONSIN 

NO.  198 

ECONOMICS  AND  POLITICAL  SCIENCE  SERIES,  VOL.  3,  No.  i,  PP.  1-166 


THE  LABOR  HISTORY  OF  THE  CRIPPLE  CREEK 
DISTRICT 

A  STUDY  IN  INDUSTRIAL  EVOLUTION 


BY 


BENJAMIN  McKIE  RASTALL 

Economic  Expert,  New  York  State  Department  of  Labor 


A    THESIS    SUBMITTED     FOR    THE    DEGREE   OE    DOCTOR   OF    PHILOSOPHY 
UNIVERSITY   OF   WISCONSIN 
1905 


Published  bi-monthly  by  authority  of  law  with  the,  approval  of  the  Regents 

of  the  University  and  entered  at  the  post  office  at 

Madison  as  second-Glass  matter 


MADISON,  WISCONSIN 
FEBRUARY,  1908 


PRICE    SO    CENTS 


BULLETIN    OF  THE    UNIVERSITY    OF   WISCONSIN 


COMMITTEE    OF    PUBLICATION 

WALTER  M.  SMITH,  Chairman 
WILLARD  G.  BLEYER,  Secretary 
FREDERICK  W.  MACKENZIE,  Editor 

THOMAS  S.  ADAMS.  Economics  and  Political  Science  Series 

WILLIAM  H.  LIGHTY,  University  Extension  Series 

WILLIAM  S.  MARSHALL,  Science  Series 

DANIEL  W.  MEAD,  Engineering  Series 

EDWARD  T.  OWKN.  Philology  and  Literature  Series 

FREDERICK  J.  TURNER,  History  Series 


BULLETIN   OF   THE    UNIVERSITY    OF   WISCONSIN 

XO.  198 

ECONOMICS  AND  POLITICAL  SCIENCE  SERIES,  VOL.  3,  No.  1,  PP.  i-ies 


THE  LABOR  HISTORY  OF  THE  CRIPPLE  CREEK 

DISTRICT 

A  STUDY  IN  INDUSTRIAL  EVOLUTION 


BY 


BENJAMIN  McKIE  RASTALL 

Economic  Expert,  New  York  State  Department  of  Labor 


A  THESIS  SUBMITTED   FOR  THE   DEGREE  OP  DOCTOR  OF  PHILOSOPHY 
UNIVERSITY  OF  WISCONSIN 

1906 


Ihiblished  bi-monthly  by  authority  of  law  with  the  approval  of  the  Regents 

of  the  University  and  entered  at  the  post  office  at 

Madison  as  second-class  matter 


MADISON,  WISCONSIN 
FEBRUARY,  1908 


CONTENTS 


PART  I—THE  STRIKE  OF  1894 

CHAPTER  I— PRELIMINARY  CONSIDERATIONS 

INTRODUCTION 

Cripple  Creek — Location,  geology,  settlement— General  econo- 
mic conditions  in  1894— Conditions  in  Colorado  and  Cripple 
Creek  in  1894 15 

INDIRECT  CAUSES  OF  THE   STRIKE 

Uncertain  business  conditions —Irregularities  in  employment  of 

labor 19 

BTENTS  LEADING  UP  TO  THE  STRIKE 

The  policy  of  H.  E.  Locke —Trouble  at  the  Isabella— Formation 
of  unions— The  development  of  storm  centers— The  action  of 
the  mine  owners  —  Deportation  of  Manager  Locke— Resolu- 
tions of  the  unions — General  conditions  favorable  to  the 
mine  owners— The  surprising  outcome,  and  the  key  to  its 
explanation 20 


CHAPTER  II-THE  TWO  CRISES 

THE  FIRST  CRISIS 

Attempts  at  a  compromise— The  lockout  Feb.  1st,  1894— The 
strike  Feb.  7th — John  Calder wood— Preparation  by  the 
unions— The  injunction  of  March  14th  — Capture  of  the  dep- 
uties—Sheriff Bowers  calls  for  militia— Beginning  of  friction 
between  state  and  county— Conference  between  the  generals 
and  union  officers— Recall  of  the  militia— Compromise  at  the 

Independence 24 

[3] 


4  CONTENTS 

THE  SECOND  CRISIS 

Coming  of  the  rough  element— The  coup  of  Win.  Rabedeau— The 
demands  and  terms  of  the  owners— Formation  of  the  deputy 
army -"General"  Johnson— Preparation  of  the  miners  for 
resistance— First  detachment  of  deputy  army— The  blowing 
up  of  the  Strong  mine— The  miners  attack  the  deputies  — 
Excitement  in  Colorado  Springs — Rapid  increase  of  deputy 
army— The  governor's  proclamation 30 


CHAPTER  III-THE  FORCING  OP  THE  ISSUE 

ATTEMPTS  AT  ARBITRATION 

Conservative  movement  in  Colorado  Springs— The  non-partisan 
committee— The  miners  propose  terms  of  peace— Failure  of 
the  arbitration  committee  plan— Exchange  of  prisoners  — 
The  mission  of  Governor  Waite— Miners  give  governor  full 
power  to  act— The  conference  at  Colorado  College— Attempt 
to  lynch  Calder wood— The  final  conference  in  Denver— Ar- 
ticles of  agreement 37 

MILITIA  vs.  DEPUTIES 

The  deputies  march  on  Bull  Hill -Call  of  the  state  militia -The 
question  of  authority— The  clash  in  Grassey  Valley  -Military 
finally  in  control  — Movements  of  the  deputies— Conference 
in  A  Itman  — Withdrawal  of  deputies 45 

THE  RESTORATION  OF  ORDER 

Turbulent  conditions  in  Cripple  Creek  — Attempts  upon  life  of 
sheriff— Plan  for  vengeance  in  Colorado  Springs— The  attack 
upon  General  Tars ney— Arrests  and  trials  of  the  strikers. . .  50 


CHAPTER  IV-DISCUSSIONS 

PECULIARITIES  OF  THE  STRIKE 

The  union  allows  men  to  work— Exchange  of  prisoners— Unusual 

influence  of  state  authority 52 

ARGUMENTS  OF  THE  VARIOUS  PARTIES 

The  position  of  the  mine  owners— The  position  of  the   miners  — 

The  position  of  the  governor 53 

THE  BALEFUL  INFLUENCE  OF  POLITICS 57 

[4] 


CONTENTS 


PART  II— THE  STRIKE  OF  1903—1904 

CHAPTER  I-THE  INTERVENING  PERIOD 

GENERAL  DEVELOPMENT 

Increase  in  population  and  wealth  —Industrial  advance — Removal 
of  frontier  conditions— Entire  dependence  upon  mining— 
The  working  force 61 

THE  BACKGROUND  FOR  THE  STRIKE 

Divisioning  of  El  Paso   county— Growth  of  unions  in  political 

power — Western  Federation  becomes   socialistic 65 

THE  SITUATION  IMMEDIATELY  PRECEDING  THE  STRIKE 

Unions  misuse  power— Treatment  of  non-union  men— Minority 

rule— The  strike  power  delegated 70 


CHAPTER  II-THE  COLORADO  CITY  STRIKE 

THE  COLORADO  CITY  STRIKE 

Formation  of  union — Opposition  of  Manager  MacNeill — Pre- 
sentation of  grievances — The  strike  deputies  and  strikers — 
Manager  MacNeill  secures  call  of  state  militia 73 

PARTIAL  SETTLEMENT  BY  ARBITRATION 

The  Cripple  Creek  mines  requested  to  cease  shipments  to  Colorado 
City — The  governor  visits  Colorado  City — Conference  at 
Denver — Settlement  with  Portland  and  Telluride  Mills — 
Failure  of  second  conference  with  Manager  MacNeill 78 

THE  TEMPORARY  STRIKE  AT  CRIPPLE  CREEK 

Ore  to  be  shut  off  from  Standard  Mill— The  strike  called— Ad- 
visory board — Its  sessions  -Further  conferences — Settle- 
ment by  verbal  agreement 81 


CHAPTER  III-THE  CRIPPLE  CREEK  STRIKE 

THE  CALL  OF  THE  STRIKE 

Dispute  over  Colorado  City  agreement — Appeal  of  the  union — 
Statements  submitted  by  both  sides— Decision  of  advisory 
board — Second  strike  at  Colorado  City — Strike  at  Cripple 

Creek 85 

[5] 


6  CONTENTS 

HE  FIRST  PERIOD  OF  THE  STRIKE 

Events  of  the  first  three  weeks — Disorderly  acts  on  September 

1st — Release  of  Minster — Mine  owners  demand  troops 90 

THE  MILITIA  IN  THE  DISTRICT 

The  governor  holds  conferences  with  mine  owners — The  special 
commission— Troops  called  out— Militia  arrest  union  officers 
—Other  arrests— General  partisan  activity  of  the  troops...  93 

CIVIL,  vs.  MILITARY  AUTHORITY 

Habeas  corpus  proceedings — Militia  guard  court  house — Judge 
Seeds'  decision — The  militia  defy  the  court — Prisoners  re- 
leased— Rapid  opening  of  the  mines — Strike  breakers 100 


CHAPTER  IV-TELLER  COUNTY  UNDER  MILITARY    RULE 

ATTEMPTED  TRAIN  WRECKING  AND  VINDICATOR  EXPLOSION 

Attempts  to  wreck  F.  &  C.  C.  R,  R.  trains— McKinney  and  Fos- 
ter arrested — McKinney  makes  conflicting  confessions- 
Trial  of  Davis,  Parker,  and  Foster — Digest  of  evidence — 
Release  of  McKinney — The  Vindicator  explosion— Evidence 
in  case 104 

A  STATE  OF  INSURRECTION  AND  REBELLION 

The  governor's  proclamation— The  power  conferred  as  interpret- 
ed by  militia  officers — Local  police  deposed — Censorship  of 
Victor  Record— Registering  of  arms— Idle  men  declared  va- 
grants— More  general  arrests  of  union  officers — Habeas  cor- 
pus suspended  in  case  Victor  Poole — Rowdyism  by  certain 
militiamen— Mine  owners'  statement— Federation  flag  posters 
—Withdrawal  of  troops . 108 


CHAPTER  V— THE  FINAL  CRISIS 

THE  SIXTH  DAY  OF  JUNE 

Independence  station  explosion — Wrath  of  the  community — 
Sheriff  forced  to  resign — Bodies  taken  from  undertaker — 
Mass  meeting  at  Victor— The  Victor  riot— Militia  capture 
miners'  union  hall — Wholesale  arrests  of  union  men— Riot  in 
Cripple  Creek— Meeting  of  Mine  Owners'  Association  and 

Citizens  Alliance — The  federation  to  be  broken  up 119 

[6] 


CONTENTS  7 

THB  ANNIHILATION  OF  THE  UNIONS 

Teller  County  again  under  military  rule — Plant  of  Victor  Record 
wrecked— Forced  resignation  of  large  number  of  county  and 
municipal  officials — The  military  commission — Deportations 
—Militia  close  the  Portland  mine — Aid  to  families  forbidden 
— District  entirely  non-union — Withdrawal  of  troops 126 

THE  PERIOD  IMMEDIATELY  FOLLOWING 

Mob  deportations — The  Interstate  Mercantile  Company — Second 
wrecking  of  the  stores — The  November  elections — The  ex- 
pense of  the  strike — Summary „ 134 


CHAPTER  VI-DISCUSSION  AND  CONCLUSION 

THE  WESTERN  FEDERATION  OF  MINERS.    ITS  SIDE  OF  THE  CASE 
History  of  the  federation— Its  socialistic  tendencies — Sympathet- 
ic statement  of  its  position 139 

THE  MINE  OWNERS'  ASSOCIATION.     ITS  SIDE  OF  THE  CASE 

History  of  the  organization — The  card  system -Sympathetic  view 

of  its  position 141 

THE  CITIZENS  ALLIANCES.  THEIR  SIDE  OF  THE  CASE 

History  of  the  alliances — Sympathetic  view  of  their  position 144 

THE  STATE  AUTHORITIES 

Statement  by  Governor  Peabody 147 

THE  RESPONSIBILITY   AND  BLAME — THE  WESTERN  FEDERATION   OF 
MINERS 

Cause  of  strike — Crimes  of  the  strike 149 

MINE  OWNERS'  ASSOCIATION 

Criminal  guards — Mob  violence 152 

THE  STATE  AUTHORITIES 

Use  of  troops — Perversion  of  authority 155 

ARRAIGNMENT  OF  EACH  SIDE  BY  THE  OTHER 

The  "Red  Book"— The  "Green  Book." 158 

COMPARISON  OF  THE  Two  STRIKES 

The  first  natural,  the  second  artificial — Frontier  conditions  vs. 
complete  industrial  development—  Contrasts  in  the  use  of 
state  authority — Civil  and  military  authority — Politics — 

Minority  rule 160 

SIGNIFICANCE  OF  THE  LABOR  HISTORY 162 

BIBLIOGRAPHY 163 

m 


PREFACE 


The  Labor  History  of  Cripple  Creek  is  the  result  of  investi- 
gations carried  out  upon  the  ground,  and  covering  a  period  of 
several  years.  The  material  for  the  narrative  of  the  strike  of 
1894  was  secured  in  1902  and  early  in  1903,  shortly  before  the 
opening  of  the  second  strike.  This  was  fortunate  in  that,  a 
considerable  period  having  elapsed  and  the  most  friendly  con- 
ditions prevailing,  the  second  strike  being  no  more  than  a  faint 
suggestion  upon  the  horizon,  the  men  concerned  could  be  in- 
duced to  speak  more  frankly  and  with  less  conscious1  partisan- 
ship than  would  have  been  possible  at  any  other  time.  It  also 
gave  the  author  knowledge  of  the  exact  situation  and  conditions 
under  'which  the  second  strike  had  its  formation,  and  enabled 
him  to  follow  the  course  of  events  with  more*  accuracy  than 
would  have  been  possible  under  any  other  circumstances. 

During  the  strike  of  1903-04  the  author  was  a  resident  of 
Colorado,  part  of  the  time  of  Colorado  Springs,  and  the  sum- 
mer season  of  1905  was  spent  in  Teller  County,  largely  in  com- 
pleting the  investigations  for  this  monograph.  The  most  im- 
portant material  for  the  work  has  been  gained  through  inter- 
views, over  300  in  number,  with  men  in  a  position  to  have  an 
intimate  knowledge  of  various1  phases  of  the  difficulties.  In- 
formation has  been  sought  from  most  of  the  union  officers  and 
many  prominent  union  men;  from  nearly  all  the  county  and 
state  officers  in  any  way  directly  concerned;  and  from  many 
others  'who  from  close  personal  experience  could  speak  with 
authority  of  various  incidents  of  the  strike.  It  was  originally 
intended  to  publish  a  list  of  the  interviews  with  the  bibli- 
ography, and  to  make  free  use  of  them  in  footnotes  showing 
authority.  Owing,  however,  to  the  recentness  and  intensity  of 
the  last  strike,  the  resulting  tension  is  in  some  cases  strong.  It 

[9] 


10  PREFACE 

has  seemed  wise  to  preclude  the  possibility  of  embarrassment 
or  injury  resulting  from  the  very  frankness  and  courtesy  which 
has  made  the  accuracy  of  the  study  possible,  and  for  that  rea- 
son names  are  withheld.  It  should  be  understood  that  fre- 
quently where  only  documentary  evidence  is  cited,  and  always 
where  no  authority  is  given,  reliable  testimony  has  come  from 
authentic  personal  sources. 

The  manuscript  of  the  narrative  part  of  the  work  (Part  II, 
Chap.  VI,  and  all  footnotes,  excepted)  has  been  submitted  to 
residents  of  Colorado  selected  so  as  to  include  both  political 
parties,  both  county  and  state  authorities,  and  both  those  whose 
general  sympathies  were  with  the  mine  owners  and  those  who 
sympathized  with  the  unions.  They  were  those  who  seemed  to 
the  author  to  combine  the  largest  actual  knowledge  of  the  dis- 
turbances with  the  most  conservative  and  unbiased  judgment. 
Their  criticism  and  suggestion  has  proved  of  very  great  value. 
The  same  reasons  as  given  above  prompt  the  withholding  of  the 
names. 

To  Professor  Thomas  K.  Urdahl  of  Colorado  College,  at  whose 
suggestion  the  work  was  originally  undertaken,  and  whose  ad- 
vice and  suggestion  have  been  of  the  greatest  value  throughout, 
the  author  is  deeply  indebted. 


The  history  of  the  Cripple  Creek  District  is  one  of  rapid  and 
spectacular  growth.  The  sudden  rise  of  a  complete  social  fabric 
in  a  mountain  'wilderness,  and  the  transformation  of  a  barren 
area  to  a  center  producing  $2,000,000  a  month,  form  the  back- 
ground of  an  equally  rapid  industrial  development  which  finds 
its  chief  exponent  in  the  mining  labor  movements.  The  district 
forms  a  small  but  distinct  physiographical  and  political  area. 
Within  this  area  the  stages  of  a  complete  industrial  evolution 
have  been  passed  through  in  a  little  more  than  a  decade.  Start- 
ing with  primitive,  frontier  labor  conditions,  there  was  a  rapid 
succession  of  stages  ending  in  extreme  capitalization  and  extra- 
ordinary organization.  Gathering  the  strength  of  forces  shut 
in  unto  themselves,  and  keeping  pace  with  the  other  rapid  de- 
velopments, the  labor-capital  issues  finally  broke  forth  in  a  con- 
flict worthy  the  name  revolution.  The  very  momentum  of  the 
movement  carried  it  through  the  entire  known  gamut  and  on 

[10] 


PREFACE  11 

beyond  the  experiences  of  its  time,  and  with  almost  the  entire 
section  arrayed  on  one  side  or  the  other,  and  to  the  accompani- 
ment of  boundless  political  turmoil,  it  fought  itself  out  to  the 
finish.  A  working  model  is  ever;  of  great  importance,  and  this 
intense  miniature  of  great  present  day  forces  and  issues  has  a 
content  of  valuable  suggestion. 


PAET  I 


THE  STRIKE  OF  1894 


THE  LABOR  HISTORY  OF  THE  CRIPPLE  CREEK 

DISTRICT 


CHAPTER  I 

PRELIMINARY   CONSIDERATIONS 

INTRODUCTION 

The  Cripple  Creek  District  lies  in  the  first  range  of  the  Rocky 
Mountains,  about  25  miles  west  of  Colorado  Springs,  and  85 
miles  southwest  of  Denver.  It  has  an  altitude  of  from  9,000 
to  12,000  feet,  none  of  the  mines  being  at  an  elevation  of  less 
than  9,000,  and  some  being  over  11,000  feet  above  sea  level. 
Geologically,  the  region  is  of  volcanic  origin.  Great  flows  of 
lava  have  issued  from  a  formerly  existent  volcano  in  the  heart 
of  the  district.  When  these  hardened  they  were  subjected  to 
severe  stresses  in  the  earth's  crust  and  broken  by  countless  fis- 
sures in  parallel  systems.  Later,  hot  percolating  waters  from 
deep-seated  sources  in  the  earth  came  to  the  surface,  bearing  in 
solution  gold  telluride,  with  quartz.  These  were  deposited  as 
the  valuable  ores  in  the  fissure  veins  of  the  district. 

Rough,  gaunt  and  broken,  dry  and  almost  arid,  cut  into  bar- 
ren rocky  ridges  and  valleys  where  scraggly  dwarfed  trees  eke 
out  a  bare  existence,  and  naught  can  flourish  save  the  hardy 
mountain  grasses  and  wild  flowers; — it  is  not  a  place  to  invite 
human  habitation,  nor  to  support  it  under  ordinary  conditions. 
The  only  sign  of  occupancy  in  1890  was  the  Womack  cattle 
ranch  occupying  the  present  site  of  the  city  of  Cripple  Creek. 

In  1893,  less  than  three  years  later,  the  city  of  Cripple  Creek 
numbered  about  5,000  people,  and  close  at  hand  were  Victor, 

[15] 


16  BULLETIN   OF  THE   UNIVERSITY  OF  WISCONSIN 

Anaconda,  Altaian,  and  numerous  smaller  towns.  Three  wagon 
roads  led  into  the  district,  from  Divide  on  the  north,  from  Col- 
orado Springs  on  the  east,  and  from  Canon  City  on  the  south. 
Along  these  roads  night  and  day  passed  heavy  trucks  drawn 
by  six  and  eight  horses,  bringing  into  camp  provisions  and 
building  material  and  mining  machinery,  or  leaving  with  loads 
of  ore  for  the  smelters.  Heavy  passenger  coaches  came  in  every 
night  to  swell  the  number  of  fortune  seekers.  On  the  north, 
the  Colorado  Midland  Railway  was  running  a  branch  road  in 
from  Divide,  and  the  Florence  and  Cripple  Creek  Railway  was 
pushing  even  harder  to  get  into  camp  from  the  south. 

The  reason  for  this  rapid  change  was  gold.  Robert  Womack 
had  in  1890  sunk  prospect  holes  and  secured  ore  that  assayed 
high  in  gold.1  News  of  his  success  had  spread  quickly,  and  soon 
prospectors  poured  in  from  all  directions.  More  than  40  mines 
were  in  process  of  active  development  by  1893  and  prospect 
holes  were  being  sunk  in  every  dierction.2  Nearly  $3,000,000 
worth  of  ore  had  been  shipped  from  the  mines  already,  and 
every  week  new  veins  of  rich  promise  were  being  opened.3 

The  social  conditions  of  the  region  were  those  usual  in  an 
unsettled  mining  community.  Life  at  the  camp  was  generally 
rough.  Men  were  many  and  women  few.  Saloons  and  dance 
halls  were  numerous.  The  roads  were  poor  and  the  city 
streets  even  worse.  Dumps  from  the  mines  often  crossed  the 
sidewalks,  and  half  filled  the  streets.  Houses  were  mere  frame 
shells,  or  rough  log  huts.  Prices  of  all  merchandise  were  very 
high  as  the  result  of  the  20  mile  haul  over  mountain  roads ;  the 
poorest  shacks  rented  for  $12  or  $15  a  month;  fire  wood  was 
$4.50  per  cord;  and  water  sold  for  5  cents  a  bucket  or  40  cents 
a  barrel. 


1  Cripple  Creek  Illustrated,  Warren  &  Stride,  p.  11. 

2  vide  mines  listed  by  the  Colorado  Springs  Stock  Exchange  early  In   1894. 

3  Cripple  Creek  Illustrated,  Warren  &  Stride,  p.  23. 


[16] 


RASTAI/L HISTOEY  OF  THE  CEIPPLE  CREEK  STRIKE 

GENERAL  ECONOMIC  CONDITIONS 

Under  these  conditions  Cripple  Creek  was  advancing  rapidly 
toward  its  later  position  as  one  of  the  great  mining  camps  of 
the  world,  when  its  development  was  temporarily  arrested,  and 
its  attainment  of  this  position  greatly  delayed,  by  a  five  months 
mining  strike.  To  understand  this  strike  fully  it  is  necessary 
to  get  its  setting,  and  to  see  clearly  the  forces  that  operated  as 
direct  causes  or  active  impulses  toward  it :  what  conditions  made 
a  war  between  labor  and  capital  imminent,  and  what  influences 
led  to  the  actual  controversy. 

In  1893  the  United  States  was  in  the  midst  of  a  great  financial 
panic.  The  expenditures  of  the  government  far  exceeded  its 
income.  The  reserve  in  the  treasury  was  dangerously  depleted, 
and  the  credit  of  the  government  was  maintained  by  large  bond 
issues.  The  business  world  was  in  a  terrible  condition.  At  the 
close  of  the  year  there  had  been  over  $500,000,000  withdrawn 
from  national  banks  alone.  To  meet  the  demand  these  banks 
had  been  compelled  to  withdraw  loans  to  the  extent  of  $318,- 
000,000.  Five  hundred  eighty  banking  institutions  had  been 
compelled  to  suspend  payment,  with  liabilities  of  $165,000,000. 
There  had  been  over  16,000  business  failures.  $1,200,000,000 
worth  of  railroad  property  had  gone  into  the  hands  of  receivers. 
Thousands  of  shops  and  factories  had  shut  down;  more  thou- 
sands were  working  part  time  only;  commercial  houses  and 
railroads  were  working  under  greatly  reduced  business ;  and  as 
a  result  millions  of  laborers  were  idle.4  It  was  estimated  that 
in1  the  city  of  Pittsburg  alone  100,000  men  were  out  of  employ- 
ment.5 In  every  city  men  were  eager  to  seize  any  opportunity 
to  work  for  their  board  alone,  and  rumors  were  current  of  men 
offering  themselves  as  slaves  for  life  for  a  promise  of  mere  sub- 
sistence. 

It  was  a  time  prolific  of  strikes.  Contemporaneously  with 
the  Cripple  Creek  strike  came  a  great  coal  miners  strike,  cov- 


*  Wells,  David  C.,  The  Teaching  of  Our  Recent  Economic  Experiences,  in 
Forum,  January,  1894. 

•Such  estimates  are  usually  greatly  exaggerated.  This  one  is  quoted  merely 
as  throwing  light  ou  the  general  conditions. 

2  [17] 


18  BULLETIN   OF  THE   UNIVERSITY  OF   WISCONSIN 

ering  Pennsylvania,  West  Virginia,  and  Ohio,  and  the  great 
Pullman  strike,  which  starting  in  Chicago  swept  eastward  half 
way  to  the  Atlantic,  and  southward  to  the  Gulf,  and  westward 
to  the  Pacific  coast.  Coxey's  Army  was  marching  toward 
Washington,  a  great  body  of  the  protesting  unemployed,  and  a 
special  session  of  Congress  had  been  called  to  consider  ways 
of  relieving  the  great  financial  stress. 

In  Colorado  the  conditions  were  even  worse  than  elsewhere. 
Added  to  the  general  depression  had  come  the  rapid  decrease 
in  the  price  of  silver,  the  consequent  closing  of  the  silver 
mines,  and  the  loss  of  one  of  the  state's  greatest  sources  of 
wealth. 

The  labor  difficulties  common  to  the  country  and  the  state  were 
shared  by  Cripple  Creek.  Evidence  of  severe  conditions  is  per- 
haps best  given  by  the  size  of  the  detachment  that  left  the  dis- 
trict on  May  4th  to  join  Coxey's  Army  in  the  march  to  Wash- 
ington. Over  three  hundred  strong  it  left  Cripple  Creek  and 
Victor,  under  the  leadership  of  General  J.  S.  Sanders,  with 
flying  colors  and  beating  drums.  The  Florence  and  Cripple  Creek 
Railway  furnished  a  free  train  for  the  army  to  Canon  City, 
and  the  Denver  and  Rio  Grande  did  the  same  to  Pueblo.  At 
Pueblo  the  men  were  fed  and  housed  for  a  few  days,  and  then 
took  forcible  possession  of  a  Missouri  Pacific  train,  and  started 
off  for  Chicago.  The  officials  of  the  road  tried  in  every  way 
to  stop  them,  and  at  last  wrecked  a  train  to  block  the  track. 
But  the  Coxey  men  cleared  away  the  wreck  and  went  on.  They 
were  forced  to  abandon  their  train  by  a  second  wreck  in  a  cut, 
but  stole  another  train  a  few  hours  afterward,  and  succeeded 
in1  getting  half  way  across  Kansas,  where  they  were  arrested, 
and  finally  dispersed  by  United  States  marshals.6 

The  labor  difficulties  incident  to  the  closing  of  the  silver  mines 
fell  upon  Cripple  Creek.  To  the  great  gold  camp  flocked  the 
unemployed  miners  of  the  silver  region,  to  find  work  in  the  gold 
mines,  or  to  open  prospect  holes  on  their  own  account. 


•  See  Cripple  Creek  District  newspapers  for  May  4,  and  5 ;  Pueblo  papers  for 
May  5,  and  6 ;  Colorado  and  Kansas  newspapers  generally,  for  May  5-8,  inclusive. 


[IS] 


RASTALL HISTORY  OF  THE  CRIPPLE  CREEK  STRIKE      A* 

INDIRECT  CAUSES  OF  STRIKE 

The  situation  was  further  involved  by  irregularity  in  the 
hours  of  employment  at  the  mines,  and  the  variation  in  the 
working  day. 

The  camp  was  new,  and  had  not  settled  down  to  regular  life 
as  y^et,  and  custom  had  not  been  given  time  to  develop  its  un- 
written law.  Men  had  not  begun  to  do  things  as  they  found 
other  men  doing  them.  When  a  new  mine  started  up,  its  owner 
or  manager  relied  entirely  upon  his  own  judgment  as  to  how 
it  could  best  be  worked,  and  there  naturally  arose  a  great 
diversity.  Some  mines  worked  three  shifts  a  day,  some  two 
shifts,  some  one.  In  some  of  the  mines  the  men  worked  eight 
hours,  in  others  nine,  and  in  others  ten.  Among  the  principal 
mines  working  eight  hours  may  be  mentioned  the  Isabella,  the 
Pharmacist,  the  Zenobia,  and  the  Pike's  Peak.  The  principal 
ten-hour  mines  were  the  Strong,  Granite,  Portland,  and  Inde- 
pendence; and  the  principal  nine-hour  mines  the  Victor,  Ana- 
conda, Sunset,  C.  0.  D.,  Gold  King,  and  Ingraham.  The  wage 
at  all  the  mines  was  uniformly  three  dollars  per  day,  irrespective 
of  the  length  of  the  shift.7 

Here  was  a  dangerous  condition  of  affairs,  one  which  must 
sooner  or  later  result  in  trouble.  .  It  could  only  be  a  question 
of  time  until  the  men  working  in  the  long-time  mines  should 
awaken  to  the  fact  that  their  labor  was  as  valuable  as  that  of 
any  other  men,  and  demand  as  short  a  working  day  as  the 
shortest;  or  until  the  mine  owners  of  the  short-time  mines 
should  discover  that  their  money  was  as  good  as  that  of  any  other 
men,  and  demand  as  long  a  working  day  as  the  longest.  Such  un- 
equal conditions  could  not  long  continue.  Labor  or  capital' 
would  move  presently,  and  under  the  economic  conditions  which 
we  have  just  examined,  with  a  large  increase  in  the  purchasing 
power  of  money,  and  thousands  of  men  at  hand  ready  to  work 
for  almost  any  wage,  it  is  not  hard  to  see  from  which  source  the 
movement  was  likely  to  come. 


7  The  Portland  mine  which  had  a  nine-hour  day  and  $3.25  wage  is  an  exception. 
President  Calderwood  estimates  the  number  of  men  engaged  in  mining  at  the 
time  as  1,200,  about  half  employed  in  the  eight-hour  mines  and  half  in  the  nine- 
and  ten-hour  mines. 

[19] 


20  BULLETIN  OF  THE  UNIVERSITY  OF  WISCONSIN 

EVENTS  LEADING  UP  TO  THE  STRIKE 

In  August,  1893,  H.  E.  Locke  became  superintendent  of  the 
Isabella  mine.  The  Isabella  was  at  that  time  working  an  eight- 
hour  shift — seven  and  a  half  hours  labor,  one-half  hour  for  lunch. 
Mr.  Locke  had  been  managing  mines  in  other  districts  that 
worked  much  longer  hours,  and  wished  to  lengthen  the  hours 
at  the  Isabella.  Accordingly  on  the  17th  of  the  month  a  notice 
was  posted  to  the  effect  that,  beginning  with  the  following 
Monday,  a  mine  shift  would  be  ten  hours,  with  one  hour  off  for 
lunch. 

On  Sunday  the  miners  held  a  meeting  at  which  they  agreed 
not  to  submit  to  the  schedule,  and  when  Monday  morning  came 
they  did  not  go  to  work.  When  Superintendent  Locke  arrived 
at  the  mine  the  men  met  him,  and  a  heated  controversy  ensued, 
Locke  trying  to  bully  the  men  into  going  to  work,  and  the  men 
trying  to  force  him  to  rescind  the  order.  After  telephoning  to 
Colorado  Springs  Mr.  Locke  concluded  to  withdraw  the  order 
for  the  time  being,  and  later  in  the  day  the  men  went  back  to 
work  on  the  old  eight-hour  schedule.8 

The  trouble  at  the  Isabella  seemed  to  arouse  both  sides  to  the 
danger  of  the  situation,  and  the  necessity  for  prompt  action.  A 
committee  of  miners  was  appointed  to  draw  up  resolutions,  and 
soon  after  steps  were  taken  to  form  unions.  The  Altman  Union 
was  the  first  to  organize,  and  was  admitted  to  the  Western 
Federation  of  Miners,  as  Free  Coinage  Union  No.  19,  on  the 
12th  of  December.  Following  Altman,  unions  were  formed  at 
Cripple  Creek,  Victor,  and  Anaconda,  with  a  total  membership 
on  January  1st  of  about  eight  hundred.  At  the  time  of  the 
strike  only  Altman  Union  No.  19  had  been  admitted  to  the 
Federation.  To  secure  authority  and  uniformity  of  action  all 
the  unions  worked  under  the  Altman  charter,  and  the  presi- 
dent of  Altman  Union  was  executive  officer  for  all  the  unions  of 
the  district.9 


8  From  the  account  of  Mr.  E.  W.  Pfeiffer,  Chairman,  Board  of  County  Commis- 
sioners of  Teller  County  (1903),  who  was  a  miner  In  the  Isabella  during  1893. 
There  have  been  various  conflicting  stories  as  to  the  earlier  stirrings  of  the 
difficulty.  Mr.  Pfeifler's  personal  observation  gives  authenticity  to  his  account. 

•From   John    Calderwood's   account   of   the    formation    of    the   unions:     "Mr. 

[20] 


RASTALL HISTORY  OF  THE  CRIPPLE  CREEK  STRIKE 

So  Altaian,  peopled  almost  entirely  by  miners,  and  located 
strategically  within  the  mining  area,  became  the  center  of  the 
union  movement  and  the  seat  of  authority  for  the  organized 
miners.  Colorado  Springs,  the  county  seat  of  El  Paso  county, 
was  the  home  of  fully  three-fourths  of  the  principal  mine  own- 
ers of  the  district,  and  naturally  became  the  center  of  the  mine 
owners'  movement.  The  Cripple  Creek  District  being  at  that 
time  included  in  El  Paso  County,  there  were  thus  two  centers 
about  which  the  coming  conflict  was  to  develop,  Colorado  Springs, 
the  seat  of  county  authority  and  the  stronghold  of  capital,  and 
Altaian,  the  active  scene  of  controversy  and  the  stronghold  of 
labor. 

While  the  unions  were  organizing,  the  mine  owners  were  not 
less  active.  Frequent  conferences  were  held  relative  to  the 
establishment  of  a  uniform  working  day  and  the  question  of 
lengthening  hours  was  constantly  agitated  among  the  owners  of 
eight- 1  or  nine-hour  mines.  Finally,  in  the  early  part  of  January, 
the  owners  of  the  eight-hour  mines  came  together  in  an  agree- 
ment to  increase  the  working  day  at  their  mines  to  ten  hours, 
nine  hours  labor  and  one  hour  for  lunch.  Notices  that  set  forth 
the  agreement,  and  made  February  1st  the  time  for  lengthening 
working  hours,  were  received  by  the  mine  managers  for  posting, 
about  the  middle  of  the  month.  The  appearance  of  the  notices, 
first  at  the  Pharmacist,  then  at  the  Isabella,  Victor,  and  Sum- 
mit mines,  caused  considerable  stir  among  the  miners.10  Meet- 
ings of  the  unions  were  called  immediately,  at  which  resolutions 


Mclntosh  immediate'y  began  corresponding  with  the  men  at  Altman  who  were 
taking  the  lead  in  forming  a  union,  with  the  result  that  a  union  comprising 
about  300  miners  was  instituted  in  the  fall  of  1893.  Mr.  Mclntosh  returning 
to  Aspen  shortly  afterward,  appointed  myself  his  deputy,  with  instructions  to 
organize  the  remainder  of  the  district,  with  the  result  that  in  less  than  sixty 
days  I  had  instituted  unions  in  Cripple  Creek,  Anaconda  and  Victor.  This 
achievement,  in  so  thoroughly  unionizing  the  district,  was  rewarded  by  a  re- 
quest for  me  to  become  president  of  Altman  Miners  Union  No.  19.  I  did  so. 
Although  four  unions  had  been  organized  in  the  district,  only  one  charter  had 
as  yet  been  granted  by  the  Western  Federation,  that  to  Altman  Union  No.  19. 
Each  of  the  other  unions  elected  a  full  set  of  officers,  with  the  exception  of 
president,  working  under  the  Altman  charter ;  the  president  of  that  union  pre- 
siding over  the  remaining  unions  in  the  district." 

10  The  notice  at  the  Pharmacist  was  posted  January  17th,  and  was  followed 
by  the  others  a  few  days  later. 

[21] 


22  BULLETIN   OF  THE   UNIVERSITY  OF   WISCONSIN 

were  passed  not  to  work  in  mines  attempting  to  lengthen  the 
labor  day. 

Manager  Locke  of  the  Isabella  had  never  been  popular  with 
the  mining  men.  He  had  been  the  first  to  conceive  the  idea 
of  lengthening  the  working  day,  and  the  men  now  blamed  him 
entirely  for  the  present  movement,  and  became  very  bitter 
against  him.  Becoming  frightened  he  applied  to  the  sheriff 
for  a  guard  of  deputies,  and  never  appeared  without  them.  In 
riding  to  and  from  the  mine  he  was  always  preceded  by  an  armed 
deputy,  and  followed  by  another  one.  This  only  increased  the 
feeling  against  him,  and  a  plan  was  finally  made  for  his  cap- 
ture and  eviction  from  camp. 

On  the  morning  of  January  20th  a  large  body  of  men  col- 
lected in  the  rear  of  the  Taylor  Boarding  House,  and  when  Mr. 
Locke  and  his  deputies  came  along,  they  were  surrounded,  dis- 
armed, and  started  off  on  foot  down  the  hill.  Arriving  at  the 
Spinney  Mill  near  Grassey,  Mr.  Locke,  intimidated  by  threats, 
took  an  oath  that  he  would  never  return  unless  permission  were 
given  by  the  miners,  and  that  he  would  give  no  information 
against  any  one  for  driving  him  from  the  district.11  He  was 
then  given  his  horse,  and  started  off  toward  Colorado  Springs, 
where  his  arrival  late  in  the  evening  produced  great  excitement. 
One  of  the  deputies  captured  with  Mr.  Locke  was  a  man  named 
Wm.  Rabedeau,  who  will  appear  several  times  later  in  the  diffi- 
culty. 

The  miners'  unions  had  already  agreed  that  the  men  should 
be  called  out  from  all  mines  that  attempted  to  lengthen  the 
working  shift.  On  January  8th  they  went  a  step  further  and 
demanded  a  uniform  eight-hour  day  for  the  whole  district.12 
February  7th  was  set  as  the  date  for  calling  out  all  men  work- 
ing over  eight  hours. 

The  two  sides  were  thus  arrayed  against  each  other,  the  mine 
owners  standing  for  a  ten-hour  day,  the  miners  for  an  eight- 
hour  day.  In  the  contest  that  was  to  follow  the  conditions  were 
decidedly  favorable  to  the  owners.  As  we  have  seen,  the  coun- 


11  Accounts  by  eye  witnesses. 

12  By  resolution  passed  after  a  speech  by  President  Calderwood  strongly  urging 
aucb  action. 


[32] 


EAST  ALL HISTORY  OF  THE  CRIPPLE  CREEK  STRIKE    23 

try  was  in  the  throes  of  a  financial  panic,  and  as  far  as  the  labor 
market  was  concerned  the  purchasing  power  of  money  had 
doubled.  Thousands  of  men  were  unemployed,  and  willing  to 
work  for  almost  any  wage.  The  mines  were  generally  dry,  and 
would  not  suffer  from  a  few  months'  idleness,  and  there  were 
no  expensive  plants  to  depreciate  in  value  by  lying  idle.  Two 
railroads  were  being  built  into  camp,  and  a  wait  of  a  short  time 
would  simply  mean  a  saving  of  about  three  dollars  a  ton  on  the 
transportation  of  ore.  The  conditions  for  the  miners  'were  dis- 
heartening. Provisions  and  rents  were  very  high;  their  unions 
were  but  newly  formed,  only  one  having  a  charter  from  the  fed- 
eration ;  there  had  not  been  time  for  the  development  of  a  strong 
unity  of  feeling,  for  thorough  organization  or  for  the  collection 
of  a  large  treasury  fund  upon  which  to  draw — things  so  neces- 
sary for  strength  in  a  strike.  When  one  reads,  then,  that  the 
miners  won  their  fight,  he  will  expect  to  find  that  extraordinary 
forces  had  been  acting,  and  that  startling  things  had  happened, 
nor  will  he  be  disappointed. 

The  key  to  the  explanation  is  to  be  found  in  the  character  of 
the  men  themselves.  It  must  be  remembered  that  Cripple  Creek 
was  not  the  ordinary  mining  camp,  but  a  newly  settled,  essen- 
tially frontier,  district.  The  men  were  not  of  the  mining  popu- 
lation familiar  to  the  coal  fields — foreign  born,  ignorant,  used 
to  obedience,  easily  cowed — but  of  the  characteristic  frontiers- 
man type,  come  not  so  much  to  find  work  as  to  seek  a  fortune. 
Rough,  ready,  fearless,  used  to  shifting  for  themselves;  shrewd, 
full  of  expedients;  reckless,  ready  to  cast  everything  on  a 
single  die ;  they  were  not  the  kind  of  men  to  be  caught  napping, 
or  to  be  turned  from  their  purpose  until  every  possible  resource 
had  been  tried.  They  would  act  quickly,  shrewdly,  and  effect- 
ively; withal  straightforwardly,  but  with  small  respect  for  au- 
thority, and  none  too  much  for  law.  Nor  were  the  mine  owners 
generally  of  the  usual  capitalistic  type.  The  majority  of  them 
Were  as  much  frontiersmen  as  the  miners  themselves,  men  who 
had  gained  their  wealth  by  successful  prospecting,  or  by  lucky 
buying  in  the  early  days  of  the  camp.  It  was  Greek  against 
Greek,  similar  ideas  and  strong  methods  on  both  sides. 

[23] 


24:  BULLETIN  OF  THE  UNIVERSITY  OF  WISCONSIN 


CHAPTER  II 

THE  TWO  CRISES 
THE  FIRST  CRISIS 

Several  attempts  were  made  to  get  the  two  sides  together  in 
a  compromise  before  February  1st.  On  the  evening  of  January 
28th,  mainly  through  the  influence  of  Cripple  Creek  business 
men,  a  meeting  of  miners,  mine  workers,  and  neutrals  was  held 
at  the  Palace  Hotel,  Cripple  Creek.  The  miners  proposed  as  a 
compromise,  that  the  mines  be  allowed  to  work  just  as  they  had 
been  doing,  the  eight-hour  mines  to  continue  on  the  eight-hour 
schedule,  and  the  nine-  and  ten-hour  mines  on  the  nine-  and  ten- 
hour  schedules.  The  owners,  however,  took  no  action  on  the 
proposition. 

On  February  1st  the  mines  that  had  posted  notices  went  on 
the  ten-hour  shift.  The  men  walked  out,  closing  them  down1. 
On  February  7th,  early  in  the  morning,  a  party  of  union  men 
started  the  round  of  the  district,  stopping  at  every  long-time 
mine  and  calling  the  men  out.  By  noon  every  nine-  and  ten-hour 
mine  in  the  camp  was  closed.  The  Pike's  Peak,  the  Gold  Dol- 
lar, the  Portland,1  and  a  number  of  smaller  mines,  acceded  to 
the  eight-hour  request,  and  continued  to  work. 

The  following  month  was  one  of  comparative  quiet.     The  men 


1  President  James  F.  Burns,  of  the  Portland,  in  a  published  letter  concern- 
Ing  the  attitude  of  the  Portland,  said :  "During  the  time  of  what  was  known 
as  the  'Bull  Hill  War*  or  more  correctly  speaking,  the  labor  trouble  of  1894, 
the  Portland  was  working  about  125  men,  while  the  principal  officers  and  stock- 
holders— including  myself — lived  at  the  mine  and  were  in  the  closest  possible 
touch,  with  all  employes,  knowing  each  other  personally.  During  the  time  that 
trouble  existed  elsewhere  in  the  district,  everything  went  smoothly  at  the  Port- 
land. We  had  been,  paying  $3.25  per  shift  of  9  hours,  which  permitted  the 
working  of  only  two  shifts.  We  promptly  made  a  new  scale  of  $3.00  for  8 
hours  which  was  accepted  by  the  union,  and  3  shifts  instead  of  two,  put  to 
work." 

[24] 


RASTALL HISTORY    OF    THE    CRIPPLE    CREEK    STRIKE 

conducted  themselves  in  an  orderly  manner,  and  were  content 
with  strengthening  their  organization  in  very  way  possible. 
John  Calderwood  was  elected  president  of  the  unions.2  Mr. 
Calderwood  had  been  influential  in  the  organization  of  the 
Western  Federation  of  Miners.  He  had  also  been  president  of 
the  Aspen  Union,  and  his  intimate  knowledge  of  labor  organiza- 
tions, and  general  popularity  with  the  men,  secured  his  election 
to  the  presidency.  Throughout  the  strike  he  showed  himself  an 
able  and  efficient  officer. 

The  immediate  task  before  the  union  was  to  provide  a  re- 
lief fund.  This  was  done  in  several  ways.  The  men  who  re- 
mained at  work  on  the  eight-hour  schedule  were  taxed  $15.00 
a  month.  The  Green  Bee  Grocery  Company  of  Cripple  Creek 
gave  credit  amounting  in  the  end  to  about  $400;  $1,000  was 
loaned  by  business  men  of  Cripple  Creek,  $700  was  received  from 
the  miners  of  the  San  Juan  country,  and  $800  from  the  Butte, 
Mont.,  unions.  Empty  boarding  houses  were  occupied  by  the 
unions;  cooks  volunteered  their  services;  and  everything  was 
run  on  as  economical  a  scale  as  possible.  In  this  manner  the 
months  of  the  strike  were  passed  without  much  pinching.  Many 
of  the  men  occupied  themselves  with  prospecting  and  develop- 
mental work,  or  tried  their  luck  in  the  small  and  poorly  pay- 
ing placer  area. 

By  the  last  of  the  month  the  smelters  of  the  state  were  all 
running  with  reduced  forces,  or  had  shut  down  entirely.  Early 
in  March  the  Gold  King  and  Granite  mines  agreed  to  the  eight- 
hour  schedule;  and  resumed  work.3  •  Following  this,  determined 
efforts  were  made  to  reopen  several  mines  on  the  ten-hour 
schedule,  but  the  miners  were  able  to  keep  them  closed.  Men 
sent  up  were  persuaded  if  possible  to  quit  and  join  the  union, 


2  Mr.  Calderwood  was  born  In  Kilmarnock,  Scotland,  and  was  put  to  work 
in  the  coal  mines  of  that  place  when  nine  years  old.  He  gained  a  common 
school  education  through  the  night  schools  of  that  town.  Coming  to  this 
country  when  a  young  man  of  seventeen,  he  engaged  in  mining  in  the  eastern 
states  for  a  number  of  years.  He  then  attended  the  McKeesport  school  of 
mfnes,  and  upon  being  graduated  in  1876,  came  to  Colorado.  Here  he  held 
various  mining  positions,  and  came  to  Cripple  Creek  in  November,  1893.  After 
the  strike  he  remained  in  the  district  as  an  assayer. 

8  President  Calderwood  estimates  that  300  union  men  were  at  work  in  the 
eight-hour  mines  after  this  time. 

[85] 


26  BULLETIN   OF  THE   UNIVERSITY  OF   WISCONSIN 

otherwise  they  'were  threatened  and  intimidated  until  they  did 
not  dare  go  to  work.  The  men  were  beginning  to  feel  ugly, 
and  a  number  of  mines  were  being  put  under  the  guard  of 
armed  deputies. 

March  14th,  on  the  application  of  several  of  the  mining  com- 
panies4 Judge  Becker,  of  the  district  court,  issued  an  injunction 
against  the  miners  enjoining  them  against  interfering  in  any 
way  with  the  operation  of  the  Cripple  Creek  mines.5  Sheriff 
Bowers  took  one  hundred  copies  of  the  injunction  to  Cripple 
Creek  next  day,  and  spent  the  entire  day  in  posting  them 
throughout  the  district.  The  Summit,  Victor,  Raven,  and  Ana- 
conda mines  made  attempts  to  open,  but  only  from  two  to  five 
men  appeared  at  each. 

Feeling  was  running  high  among  the  miners  regarding  the 
injunction.  The  sheriff  feared  trouble,  and  on  his  return  to 
Cripple  Creek  telephoned  to  Colorado  Springs  for  additional 
deputies.  Soon  after  he  was  called  to  answer  a  telephone  mess- 
age from  the  Victor  mine.  The  superintendent  of  the  mine 
had,  a  fe^vv  days  previously,  asked  that  a  number  of  men  be 
deputized  to  protect  it.  He  now  reported  that  men  were  col- 
lecting around  the  shaft  house  in  a  threatening  manner,  and 
asked  for  additional  protection.  The  sheriff  replied  that  he 
should  have  it.  A  wagon  was  procured,  and  six  men  hastily 
deputized  and  started  out  for  the  *  mine. 

It  was  a  rough  mountain  road  along  which  the  men  had  to 
travel,  full  of  stones  and  ruts  among  which  the  wagon  lurched 
heavily.  In  the  darkness  it  was  impossible  to  make  out  the 
path,  the  instinct  of  the  horses  had  to  be  trusted  to  keep  it.  At 
one  point  about  a  quarter  of  a  mile  below  Altman  the  road 
passes  through  a  short  ravine.  Huge  rocks  lie  piled  around, 
leaving  scarce  room  for  a  wagon  to  pass,  and  a  thick  growth 
of  bushes  lines  the  way  and  runs  up  over  the  hillsides. 
As  they  reached  this  point  there  was1  a  quick  rush  of  dark 
forms  from  behind  bush  and  stone,  and  a  cry  of  '  *  Hold  up  your 


4 The  Gold  King,  the  Stronlg,  the  Isabella,  the  Victor,  the  Summit,  the  Zenobia, 
the  Ingraham,  and  the  Free  Coinage  Mining  Companies. 

8 Copy  published  in  Colorado  Springs   Gazette,  for  March   15th. 


[26] 


RASTALL HISTORY    OF   THE    CRIPPLE    CREEK   STRIKE         *< 

hands !  Surrender ! ' '  Someone  fired  a  shot ;  there  was  a  quick 
skirmish ;  a  deputy  got  a  ball  through  the  arm.  Then  they  were 
overpowered,  bound,  and  marched  off  in  silence  up  the  hill. 

To  understand  what  had  happened  we  must  go  back  a  few 
months  to  the  time  when  Altman  was  incorporated  as  a  city. 
The  residents  of  the  place  were  for  the  most  part  miners,  and 
with  the  idea  of  investing  the  miners'  union  with  all  possible 
civic  authority,  officials  of  the  union  had  been  elected  to  all 
city  offices.  Thus  it  happened  that  Mayor  Dean  of  Altman, 
and  City  Marshal  Daly,  were  former  members  of  Altman  Union 
No.  19.  The  Marshal  had  word  by  telephone  early  in  the  even- 
ing that  a  number  of  deputies  would  be  sent  along  the  road  that 
passed  Altman.  He  accordingly  appointed  a  number  of  special 
police,  and  the  police  of  Altman  ambushed  the  El  Paso  County 
deputies,  and  took  them  prisoners. 

The  deputies  were  marched  into  Altman  and  shut  up  in  the 
school  house.  Later  in  the  evening  they  were  taken  before  Po- 
lice Judge  Bengley6  and  examined  on  a  charge  of  disturbance 
of  the  peace  and  carrying  concealed  weapons.  Upon  showing 
their  credentials  as  deputy  sheriffs,  they  were  released  and  sent 
back  to  Cripple  Creek.  The  city  was  in  need  of  arms  so  the 
deputies  went  back  weaponless. 

Meanwhile  news  had  reached  Sheriff  Bowers  that  his  deputies 
had  been  captured,  that  a  fight  had  ensued,  and  that  Altman 
was  in  an  uproar.  In  half  an  hour  Cripple  Creek  looked  as 
if  an  army  had  descended  upon  it.  All  the  livery  stables  in 
the  city  had  been  called  upon  for  their  horses,  and  Bennett 
Avenue  for  a  block  was  full  of  mounted  men.  Every  able- 
bodied  man  procurable  had  been  deputized  and  armed,  and  a 
miltary  formation  was  being  effected  as  rapidly  as  possible. 
The  sheriff  was  preparing  to  rescue  his  men  with  all  the  force 
he  could  muster. 

The  tension  was  broken,  however,  by  the  return  of  a  deputy 
with  news  that  the  rest  had  been1  released,  and  were  following 
him  in. 

The  following  morning  the  air  was  full  of  rumors.     Several 


•  Also  a  member  of  the  federation. 

[27] 


28  BULLETIN   OF  THE   UNIVERSITY  OF   WISCONSIN 

men  were  reported  killed  or  wounded;  the  miners  were  said  to 
be  in  arms  everywhere,  and  to  be  guarding  all  roads  leading  to 
Altman.  Sheriff  Bowers,  after  advising  with  the  district  court 
judge  at  Colorado  Springs,  made  a  call  for  the  state  militia.  Gov- 
ernor Waite  immediately  issued  orders  to  Company  A  of  Colo- 
rado Springs,  Company  C  of  Pueblo,  and  Companies  B,  E,  and 
K  of  Denver,  and  the  Chaffee  Light  Artillery,  about  three  hun- 
dred men  in  all,  to  proceed  with  all  possible  dispatch  to  Cripple 
Creek  and  preserve  the  peace.  These  troops  collected  in  Colo- 
rado Springs  under  the  leadership  of  Generals  Brooks  and  Tars- 
ney  on  the  day  following.  They  were  taken  to  Midland  over 
the  Colorado  Midland  Railway  and  after  an  all-night  march 
over  the  mountains,  arrived  at  Cripple  Creek  early  the  next 
morning. 

In  the  meantime  Sheriff  Bowers  had  secured  the  arrest  of 
Mayor  Dean  and  Marhall  Daly  of  Altman,  and  President  Calder- 
wood  of  the  Altman  Union.  He  now  made  a  flying  trip  to  Colo- 
rado Springs  with  the  three  men,  and  secured  warrants  for 
eighteen  more.  Calderwood,  Dean,  and  Daly  were  released  on 
bail,  and  made  a  tour  of  the  principal  cities  of  the  state,  holding 
mass  meetings  in  the  interest  of  the  miners.  Sheriff  Bowers  re- 
turned to  Cripple  Creek  with  his  warrants,  and  called  upon  Gen- 
eral Brooks  for  aid  in  serving  them.  General  Brooks  inquired 
if  there  had  been  any  resistance  made  to  arrests.  The  sheriff 
replied  that  there  had  not.  The  general  then  refused  to  aid  in 
making  the  arrests,  upon  the  ground  that  he  was  there  simply  to 
preserve  the  peace,  and  as  much  to  protect  the  miners  as  the 
county  authorities.7 


7  The  above  is  Sheriff  Bowers'  account  of  the  dispute.  The  Adjutant  General 
gives  the  story  somewhat  differently. 

"Early  in  the  day  General  Brooks  and  myself  were  asked  to  a  conference  with 
the  officials  of  the  county  and  the  business  men  of  Cripple  Creek,  whom  we 
met  to  the  number  of  perhaps  30  at  the  Palace  Hotel.  They  represented  to 
us  the  terrible  conditions  existing  in  the  city  and  adjacent  mining  camps, 
representing  that  there  was  no  safety  for  life  or  property  in  either,  and  declar- 
ing that  the  civH  authorities  were  unable  to  preserve  the  peace ;  that  the  roads 
and  trails  were  guarded  by  armed  men,  openly  defying  the  officers  of  the  law. 
The  sheriff  of  the  county,  Mr.  M.  F.  Bowers,  was  present,  and  declared  his  ina- 
bility to  serve  the  processes  of  the  courts.  A  careful  inquiry  into  these  affairs 
by  General  Brooks  and  myself  disclosed  the  fact  that  no  person  in  the  county 
had  been  charged  with  the  commission  of  any  offence  in  regard  to  the  existing 

[28] 


RASTALL HISTORY  OF  THE  CRIPPLE  CREEK  STRIKE    29 

On  the  same  day8  the  union  officers  were  called  to  a  confer- 
ence with  the  generals  at  the  Palace  Hotel.  The  union  men  as- 
serted that  they  had  never  had  the  slightest  intention  of  resist- 
ing the  sheriff,  or  of  adopting  violent  measures;  that  the  whole 
action  had  been  taken  by  the  city  officials  of  Altman,  who  had 
thought  the  movement  of  the  deputies  an  attempt  to  capture  the 
city.  They  asserted  that  no  resistance  whatever  had  been  made 
to  arrests,  and  that  none  would  be  made.9  Their  statements 
were  telegraphed  the  governor,  and  at  the  same  time  the  fol- 
lowing message  was  sent  by  the  trustees  of  Altman:  "Militia 
arriving  in  Cripple  Creek.  Did  you  send  them  and  what  for? 
Everything  quiet  here."  Next  day  the  troops  were  recalled.10 

During  the  last  few  days  of  excitement  another  movement  had 
been  on  foot  looking  toward  a  compromise.  Just  before  his  ar- 
rest, President  Calderwood  met  in  conference  at  the  Indepen- 
dence mine  with  "W.  S.  Stratton  and  Chas.  Steele.  After  con- 
siderable discussion  Mr.  Stratton  proposed  as  a  compromise  to 
lay  before  the  union,  that  the  mine  should  work  a  nine-hour  day 
shift  and  eight-hour  night  shift,  with  pay  at  $3.25.  The  union 
at  first  rejected  the  offer,  but  two  days  afterward  reconsidered, 
and  accepted  it.  The  Independence  star-ted  on  the  new  sched- 
ule March  19th.  None  of  the  other  mine  owners  followed  Mr. 
Stratton 's  example,  however,  so  the  movement  was  without  much 
result.  It  is  to  be  regretted  that  the  other  owners  did  not  see 
their  way  clear  to  follow  Mr.  Stratton 's  action.  Had  they  been 
as  willing  to  come  to  a  compromise  at  this  period  as  were  the 
miners,  the  difficulty  would  probably  have  been  settled  on  the 


labor  troubles,  and  that  no  warrant  or  other  process  of  court  had  ever  issued, 
and  that  neither  the  sheriff  nor  any  of  his  deputies  had  ever  been  resisted  in 
any  way,  nor  had  Sheriff  Bowers  ever  been,  or  had  he  ever  sou'ght  to  go  to  Bull 
Hill,  where  it  was  alleged  the  trouble  existed.  After  this  conference  I  told 
Sheriff  Bowers  that  the  troops  were  there  at  his  solicitation,  but  only  in  aid 
of  the  civil  authority  in  the  service  of  process ;  that  on  his  own  showing  no 
process  had  issued  from  the  courts,  the  military  was  not  subject  to  his  order, 
and  that  the  facts  in  the  case  would  at  once  be  made  known  to  the  governor." 

'March  18th. 

•  "That  no  resistance  to  constitutional  authority  had  been  offered  by  anyone 
in  the  mining  districts,  and  that  no  disturbance  of  any  kind  had  occurred  beyond 
the  ordinary  small  offenses  that  are  constantly  occurring  in  mining  camps." 

10 For  copies  of  the  military  orders  of  this  time,  and  messages,  see  Biennial 
Report  of  Adjutant  General  1893-4  p.  35  and  following. 

[39] 


30  BULLETIN   OF  THE   UNIVERSITY  OF  WISCONSIN 

spot,  and  all  the  turmoil,  danger,  and  expense  of  the  months  of 
May  and  June  avoided. 


THE  SECOND  CRISIS 

There  followed  a  period  of  six  weeks  of  comparative  quietness. 
The  eighteen  miners  against  whom  warrants  had  been  issued 
submitted  peaceably  to  arrest.  All  pleaded  not  guilty  in  the  dis- 
trict court  at  Colorado  Springs,  and  all  were  upon  trial  ac- 
quitted.11 

The  troublesome  week  in  March  had  advertised  the  strike 
widely  through  the  newspapers,  and  the  result  was  a  large  in- 
flux of  a  rough  element  into  the  district.  The  most  turbulent 
element  from  the  Coeur  de  A'lene  District  came  in  large  num- 
bers, and  tramps,  and  criminals,  and  roughs  of  all  description 
flocked  in  from  all  directions.12  Many  of  these  men  were  ad- 
mitted to  the  miners '  unions.  And  here  is  where  the  union  made 
its  great  mistake.13  The  evident  willingness  of  the  union  to 
come  to  a  compromise  in  the  trouble,  the  peaceful  submission  of 
its  members  to  arrest  and  their  acquittal  by  the  courts,  and 
the  mass  meetings  held  by  President  Calderwood,  had  gained 
a  large  degree  of  sympathy  for  the  men  throughout  the  state. 
But  the  overt  acts  later  committed  by  a  few  criminal  men,  and 
the  reign  of  terror  brought  on  by  the  rougher  element,  lost  them 
the  prestige  which  they  had  earlier  gained,  and  brought  upon 
them  the  just  condemnation  of  the  law-abiding  citizens  of  the 
state. 


"See  District  Court  Records,  Colorado  Springs,  June — August,  1894. 
People  vs.  Ca-ldencood,  Dean,  Daly  et  al. 

Several  cases,  all  of  which  were  dismissed  but  two,  which  resulted  in  ac- 
quittals. 

12 It  has  been  frequently  stated  that  numbers  of  the  famous  Molly  Maguires, 
of  Pennsylvania,  came  to  the  Coeur  de  A'lene  District,  and  that,  the  organiza- 
tion being  broken  up  there  in  1893,  descended  upon  Cripple  Creek.  No  direct 
evidence"  has  ever  been  adduced  on  this  point. 

13  A  number  of  the  more  conservative  members  of  the  unions  left  them  be- 
cause of  the  dangerous  element  admitted  at  this  time.  A  noteworthy  case  is 
that  of  E.  W.  Pfeiffer  (see  as  County  Commissioner  in  the  strike  of  1903-4). 
He  was  later  opposed  politically  by  some  of  the  unions  for  this  action. 

[30] 


EAST  ALL HISTORY    OF    THE    CRIPPLE    CKEEK   STRIKE         31 

It  will  be  remembered,  that  at  the  time  of  the  first  trouble 
between  Superintendent  Locke  and  the  employees  of  the 
Isabella,  one  of  the  deputies  captured  with  him  was  a  man 
named  Wm.  Rabedeau.  Mr.  Rabedeau  was  also  warned  to  leave 
camp,  and  did  so,  but  returned  shortly  afterward.  He  was 
deprived  of  his  commission  as  deputy  by  Sheriff  Bowers,  but 
remained  as  a  guard  in  the  employ  of  some  mine  owners. 

On  April  8th  the  miners'  union  started  out  in  a  body  to  at- 
tend the  funeral  of  a  miner  who  had  been  killed  in  an  accident. 
Scattered  around  everywhere  they  found  "dodgers"  calling  a 
meeting  at  Anaconda  for  11  o'clock,  the  time  set  for  the  funeral. 
The  funeral  services  were  short,  and  the  men  hurried  over  to  Ana- 
conda, where  they  found  the  meeting  already  called  to  order,  with 
Rabedeau  and  another  man  named  Taylor  presiding,  and  Rabe- 
deau making  a  speech  in  favor  of  going  to  work  on  the  ten- 
hour  schedule.  It  was  evident  that  the  scheme  was  to  have  the 
meeting  pass  resolutions  favoring  going  to  work  on  the  ten- 
hour  schedule,  and  to  report  in  such  a  way  to  the  press  as  to 
give  the  impression  that  the  majority  of  the  men  were  in  favor 
of  going  to  work,  but  were  being  intimidated  by  radical  members. 
The  men  were  greatly  infuriated.  Rabedeau  was  taken  from 
the  platform  and  terribly  beaten.  Later  he  was  subjected  to 
all  sorts  of  indignities,  and  run  out  of  camp,  with  the  threat 
that  next  time  he  showed  his  face  in  the  district  his  life  would 
pay  the  forfeit. 

During  the  latter  part  of  April,  and  throughout  May,  con- 
ditions grew  steadily  worse.  The  rough  element  was  gradually 
becoming  more  prominent,  and  the  men  were  getting  into  a 
more  threatening  mood.  Small  bands  of  men  raided  through- 
out the  district,  stealing  provisions  and  arms  and  ammunition, 
getting  into  drunken  rows,  and  sometimes  maltreating  non- 
union men.  Many  of  the  smaller  merchants  in  isolated  places 
closed  their  stores  entirely,  and  families  in  the  unsettled  dis- 
tricts very  generally  moved  into  the  towns.14  Sheriff  Bowers 
spent  his  whole  time  in  the  district,  but  hampered  by  the  re- 


14  From  the  testimony  of  a  number  of  small  storekeepers,  and  families  occupy- 
ing outlying  cabins,  who  deserted  their  homes  and  stores,  sometimes  to  have 
them  raided  in  their  absence. 

[31] 


32  BULLETIN   OF  THE   UNIVEESITY  OF   WISCONSIN 

fusal  of  the  county  authorities  to  furnish  sufficient  deputies, 
found  it  exceedingly  difficult  to  preserve  any  semblance  of 
order. 

Early  in  May  various  discussions  were  held  among  mine 
owners  relative  to  making  a  determined  effort  to  open  the  mines. 
It  was  felt  that  something  must  be  done  soon.  No  mines  had 
been  able  to  open  as  yet,  and  under  the  present  conditions,  vio- 
lent opposition  was  expected.  The  movement  finally  resulted 
in  the  quiet  circulation  of  a  subscription  paper,  and  the  offer 
by  the  mine  owners  to  the  county  to  advance  arms  and  money, 
if  a  large  body  of  deputies  should  be  enrolled  to  protect  the 
opening  of  the  mines.  The  offer  was  accepted  by  the  county 
commissioners,  and  steps  were  taken  to  carry  out  the  plan  at 
once. 

Word  of  the  plans  of  the  mine  owners  had  early  reached  the 
miners  and  they  began  to  prepare  to  resist  to  their  utmost. 
President  Calderwood  was  in  Salt  Lake  City  attending  a  con- 
vention of  the  "Western  Federation  of  Miners,  and  J.  J.  John- 
son15 came  to  the  front  as  the  military  leader  of  the  union.  Mr. 
Johnson  proceeded  to  get  the  miners  into  as  complete  military 
organization  as  possible.  Headquarters  and  a  military  camp 
were  established  on  Bull  Hill.16  The  choice  was  an  unusually 
fortunate  one.  Bull  Hill  is  a  high  steep  bluff,  overlooking  the 
town  of  Altman.  It  overtops  several  of  the  most  important 
mines,  and  is  at  once  the  most  commanding  and  most  inaccess- 
ible point  in  the  district.  A  large  boarding  house  was  estab- 
lished, a  commissary  department  put  in  operation,  systematic 
search  made  for  arms  and  ammunition;  and  as  thorough  mili- 
tary discipline  enforced  as  was  possible  under  the  conditions. 

On  May  24th,  one  hundred  twenty-five  deputies,  largely  ex- 


15  Mr.  Johnson  was  a  native  of  Lexington,  Ky.,  growing  up  among  the  fueds 
of  that  state.     He  attended  West  Point  for  three  years,  but  was  dismissed  be- 
fore the  completion  of  his  course  for  participating  In  a  hazing  scrape.     Drift- 
Ing  west  he  took  up  mining  at  Aspen,  and  later  came  to  work  at  Cripple  Creek. 
At  the  close  of  the  strike  he  left  the  state  to  avoid  arrest.     On   the  opening 
of  the    Spanish   War  he  was   appointed   colonel   of   an   Arkansas   regiment,   but 
died  while  on  the  way  to  the  sea  coast  with  his  command.     He  was  a  man  of 
unusual  ability,  and  of  considerable  military  genius. 

16  There  was.  a  report,  generally  believed  at  fhe  time,  that  an  immense  log  fort 
had  been  built  on  Bull  Hill,  and  a  cannon  placed  in  it.     No  such  fort  was  built, 
aor  did  the  miners  possess  a  cannon  at  any  time. 

[32] 


EAST  ALL HISTORY    OF    THE    CRIPPLE    CREEK   STRIKE         33 

police  and  ex-firemen,  left  Denver  in  command  of  ex-Chief  of 
Police  J.  C.  Veatch.  They  were  armed  to  the  teeth,  and  pre- 
pared for  immediate  action.  The  miners  had  news  of  their 
departure,  and  prepared  to  give  them  a  warm  reception.  There 
was  still  an  insufficient  supply  of  fire  arms,  so  a  raid  was  made 
on  a  Cripple  Creek  hardware  store  for  rifles  and  ammunition; 
the  Victor  Mine  also  was  held  up  and  a  number  of  Winchesters 
taken  from  it.  The  commissary  department  got  in  a  number 
of  range  cattle.  Orders  were  issued,  and  everything  put  in 
readiness. 

The  deputies  arrived  next  morning  on  the  Florence  and  Cripple 
Creek  Railway,  and  prepared  to  go  into  camp  in  full  view  of 
Bull  Hill.  The  miners  had  prepared  to  show  that  they  were 
determined,  and  to  give  the  deputies  an  object  lesson.  As  the 
train  pulled  into  view  a  party  of  men  hastened  down  the  hill, 
warned  everyone  away,  and  placing  large  charges  of  dynamite 
in  the  shaft  house  of  the  Strong  mine  blew  it  to  pieces  with  a 
tremendous  explosion.17 

Then  pandemonium  broke  loose.  The  day  before  the  Florence 
and  Cripple  Creek  Railway  had  completed  the  grading  on  its 
line  and  discharged  nearly  two  hundred  laborers,  each  with  a 


"It  has  been  generally  believed  in  some  quarters  that  the  blowing  up  of  the 
Strong  mine  was  accomplished  by  Mr.  Sam  Strong  himself,  in  order  to  prevent 
the  property  from  being  worked,  and  in  this  manner  to  break  the  valuable 
Jease,  which  would  revert  to  himself.  This  is  exactly  what  did  happen,  and 
Messrs.  Lennox  and  Giddings,  the  lessees  of  the  mine,  later  brought  suit  for 
heavy  damages  against  Mr.  Strong  on  the  above  charge.  The  admission  by 
prominent  union  men  that  the  mine  was  really  destroyed  by  a  party  of  miners 
now  settles  the  question  beyond  doubt,  and  clears  Mr.  Strong  of  all  suspicion. 

Following  is  the  account  given  by  President  Calderwood.  See  Langdon,  Mrs. 
Emma  F.,  The  Cripple  Creek  Strike,  p.  41. 

"The  following  morning  a  number  of  men  quietly  entered  the  building  of  the 
Strong  mine  and  ordered  Sam  McDonald,  Charles  Robinson  and  Jack  Vaughn 
to  come  out.  They  declined  to  do'  so  and  retreated  down  the  shaft.  Dynamite 
was  then  deliberately  placed  in  the  boiler  inside  the  shaft  house,  and  with  an 
electric  battery,  the  same  was  exploded,  demolishing  the  building  together  with 
its  valuable  machinery.  Great  interest  in  the  fate  of  Sam  McDonald  and  the 
two  men  with  him  in  the  shaft  of  the  destroyed  Strong  mine  was  felt,  but 
twenty-six  hours  after  the  calamity,  voices  were  heard  in  an  old  shaft  connected 
with  the  main  shaft  of  the  mine  by  a  drift,  and  the  imprisoned  miners  were 
taken  out.  After  getting  washed  and  something  to  eat,  they  were  taken  to 
what  was  known  as  'Bull  Hill  stronghold.'  Charles  Robinson  suffered  consider- 
ably as  a  result  of  his  terrible  experience,  but  none  of  the  others  suffered  to 
any  extent.  Who  was  responsible  for  the  destruction  of  the  Strong  mine  is 
still  a  mystery." 

3  [33] 


34  BULLETIN   OF  THE   UNIVERSITY  OF   WISCONSIN 

pay  check  of  from  ten  to  twenty  dollars.  These  men  all  came 
into  camp;  pay  checks  were  exchanged  for  cheap  whiskey,  and 
the  usual  result  followed.  At  such  times  every  man  considers 
every  other  man  his  chum  and  whiskey  is  free  for  everybody. 
Railroad  men,  miners,  toughs,  all  shared  in  a  terrible  debauch, 
and  by  the  time  the  Strong  mine  was  blown  up  hundreds  of 
men  were  crazed  with  liquor.  A  car  was  loaded  up  with 
dynamite,  and  prepared  to  run  down  into  the  deputies1'  camp 
and  blow  them  into  atoms.  But  the  deputies  had  taken  warn- 
ing and  retired  several  miles  dawn  the  track  to  a  safer  place. 
Then  the  cry  went  up  to  destroy  the  mines.  Men  ran  for  dyna- 
mite and  fuse,  and  for  a  time  there  was  every  reason  to  expect 
enormous  destruction  of  property.  But  Mr.  Johnson,  with  the 
help  of  his  aids,  had  been  working  constantly,  asserting  his 
authority  and  endeavoring  in  every  way  possible  to  quiet  the 
men.  At  last  he  succeeded  by  diverting  their  attention  to- 
ward attacking  the  deputies,  in  getting  control  of  them,  and 
the  danger  was  avoided.18 

The  energy  diverted  from  the  destruction  of  property  ex- 
pended itself  in  an  attack  upon  the  deputies.  The  deputies, 
it  will  be  remembered,  had  become  aware  of  the  danger  of  their 
position,  and  retiring  some  distance  down  the  track  they  had 
gone  into  camp  at  Wilbur.  Just  where  they  were  the  miners 
did  not  know,  but  it  was  determined  that  wherever  they  were, 
an  attempt  should  be  made  to  capture  them  and  get  possession 
of  their  arms.  Arms  were  still  lacking  at  the  miners'  camp. 

About  midnight  a  Florence  and  Cripple  Creek  construction 
train  was  captured,  quickly  filled  with  men,  and  with  a  miner 
at  the  throttle,  started  down  the  track  for  the  deputies'  camp. 
The  deputies,  anticipating  attack,  had  pickets  out  in  all  direc- 
tions. Unawares  the  train  ran  into  the  the  picket  line.  A  few 
quick  shots  brought  it  to  a  standstill.  The  miners  poured  out 
among  the  rocks:  the  deputies,  roused,  hurried  to  the  assistance 
of  their  pickets,  and  the  fight  was  on.  There  was  no  semblance 


18The  miners'  unions,  and  the  people  of  the  state  in  general,  owe  a  debt  of 
gratitude  to  Mr.  Johnson  for  his  heroic  work  on  that  day.  Had  hundreds  of 
drink-crazed  men  broken  loose  with  unlimited  whiskey  and  unlimited  dynamite, 
the  result  had  defied  description.  Scarcely  a  mine  in  the  district  would  have  been 
left  whole,  and  one  may  hardly  hazard  a  guess  as  to  other  consequences. 

[34] 


RASTALL HISTORY    OF    THE    CRIPPLE    CREEK    STRIKE         35 

of  order.  Every  man  fought  for  himself,  shielding  himself 
so  far  as  possible  behind  tree  or  rock,  and  firing  in  the  dark- 
ness at  the  flash  of  the  opposing  guns.  Five  miners  got  sep- 
arated from  the  main  body  .and  into  a  swarm  of  deputies,  and 
were  captured.  A  deputy,  the  man  named  Rabedeau  who  has 
appeared  before  in  these  pages,  received  a  shot  in  the  chest  and 
was  killed  almost  instantly.  A  miner,  George  Crowley  by 
name,  was  accidentally  shot  from  behind  by  one  of  his  com- 
rades and  was  found  dead  in  the  morning. 

A  half  hour's  fighting  convinced  the  miners  that  they  could 
gain  nothing.  Skipping  from  rock  to  rock,  and  firing  as  they 
went,  they  began  a  gradual  retreat  up  the  valley.  The  depu- 
ties held  their  position.  Little  by  little  the  firing  ceased.  All 
was  quiet  again,  and  doubling  their  pickets,  the  deputies  turned 
in  for  the  remainder  of  their  night's  rest. 

News  of  the  blowing  up  of  the  Strong  mine  reached  Colorado 
Springs  early  in  the  day  and  caused  great  excitement.  Later 
the  feeling  was  intensified  by  the  arrival  of  Mr.  Strong  him- 
self, who  had  witnessed  the  destruction  of  his  property,  and 
ridden  all  the  way  to  bring  the  news.  A'  number  of  men  were 
known  to  have  been  in  the  mine  at  the  time  of  the  explosion, 
and  they  were  all  supposed  to  have  been  killed.  Business  was 
suspended,  and  excited  groups  of  men  discussed  the  question 
along  the  streets  everywhere. 

A  mass  meeting  was  held  in  North  Park,  at  which  resolutions 
were  passed  calling  upon  the  county  authorities  to  put  down 
the  insurrection -of  the  miners,  and  to  restore  law  and  order  at 
whatever  cost.  In  the  evening  a  call  went  out  from  the  sheriff's 
office  asking  for  volunteer  deputies  to  go  to  the  scene  of  action, 
and  calling  upon  all  citizens  to  bring  in  arms  to  equip  the  posse. 
Over  a  hundred  armed  men  left  the  city  for  the  deputy  camp 
next  morning,  and  another  hundred  on  the  day  following. 
Men  were  also  being  hurried  in  from  Leadville,  and  Denver, 
and  all  the  surrounding  country.  The  deputy  camp  was  trans- 
ferred from  Wilbur  to  DiVide,  a  point  farther  north  on  the 
Colorado  Midland  Railway,  and  here  all  the  new  recruits  came. 

Miners  heard  men  talking  down  in  the  shaft  of  the  Strong 
mine,  and  compelled  them  to  come  out.  They  proved  to  be 

[35] 


36  BULLETIN  OF  THE  UNIVEKSITY  OF  WISCONSIN 

Superintendent  Sam  MacDonald,  Engineer  Robinson,  and  Miner 
Greenough,  the  men  who  were  known  to  have  been  in  the  mine 
when  it  was  blown  up,  and  supposed  to  have  been  killed.  Be- 
tween hunger,  and  cold,  and  smoke  from  the  burning  timbers, 
they  had  had  a  terrible  and  almost  fatal  experience.  They 
were  taken  to  Bull  Hill  by  the  miners,  and  held  as  prisoners  in 
retaliation  for  the  capture  of  the  five  miners  at  Wilbur. 

Governor  Waite  issued  a  proclamation  on  the  28th,  in  which 
he  called  upon  the  miners  to  desist  from  their  unlawful  assemb- 
ling, to  lay  down  their  arms,  and  cease  their  resistance  of  the 
law.  At  the  same  time  he  declared  that  the  assembling  of  a  large 
force  of  deputies  by  the  county  authorities,  largely  from  out- 
side the  county,  was  illegal,  and  demanded  that  it  be  disbanded 
immediately.19  An  order  was  issued  calling  upon  the  state 
militia  to  be  in  readiness  to  move  at  a  moment's  notice. 

President  Oalderwood  had  returned  from  Salt  Lake  City  on 
the  same  day  that  the  Strong  mine  was  blown  up.  Instantly 
perceiving  the  danger  of  the  situation,  and  the  remedy,  he  set 
about  getting  all  the  saloons  of  the  district  closed  for  a  period 
of  two  days.  He  succeeded,  and  at  the  end  of  the  time  the 
men  had  come  to  their  senses  again,  and  some  degree  of  quiet 
was  restored.  The  union  was  aroused  at  last  to  the  necessity 
of  getting  entirely  out  of  sympathy  with  the  lawless  element 
that  had  come  in,  and  a  volunteer  committee  of  fifty  took  in 
charge  the  running  out  of  camp  of  toughs  and  thugs. 


"Governor's  Proclamation,  May  26,  1894. 

cf.  also  Last  Message  of  Governor  Waite  to  the  Legislature. 


[36] 


EAST  ALL HISTORY   OF   THE    CEIPPLE    CREEK   STRIKE         37 


CHAPTER  III 
THE  FORCING  OF  THE  ISSUE 

ATTEMPT  AT  ARBITRITION 

During  the  exciting  events  of  these  few  days,  a  quiet  move- 
ment had  been  started  in  Colorado  Springs  aiming  at  a  com- 
promise. To  the  more  conservative  and  thoughful  citizens  the 
situation  at  Bull  Hill  seemed  one  of  grave  concern.  Should 
the  two  bodies  of  armed  men  that  stood  face  to  face,  constantly 
augmenting  their  numbers,  and  becoming  daily  more  deeply 
embittered  against  each  other,  come  into  conflict,  the  loss  of 
life,  terrible  as  it  might  be,  would  be  but  the  beginning  of  the 
disasterous  results  that  would  follow.  Everything  possible,  it 
was  felt,  must  be  done  to  prevent  a  clash.  Could  the  two  sides 
be  induced  to  hold  a  conference,  the  seriousness  of  the  situation 
would  tend  to  force  both  to  make  concessions,  and  a  compromise 
might  be  effected.  But  how  get  the  two  factions  together? 
Some  man  must  be  found  willing  to  undertake  the  Work  who 
was  well  known,  whose  neutrality  would  be  trusted  by  both 
sides,  and  who  would  have  no  interest  in  subordinating  the  main 
object  of  his  work  to  political  ends  of  his  own.  He  must  be  a 
man,  moreover,  who  would  be  willing  to  take  some  personal 
hazard  in  the  matter,  for  judging  from  the  reports  that  had 
come  to  Colorado  Springs,  an  outsider  who  should  attempt  to  go 
on  Bull  Hill  would  take  his  life  in  his  hands. 

The  movement  resulted  in  a  call  upon  President  Slocum,  of 
Colorado  College,  by  J.  J.  Hagerman,  one  of  the  most  promi- 
nent and  conservative  of  the  mine  owners,  with  the  request 
that  President  Slocum  go  to  Bull  Hill  as  a  neutral  party,  to  see 
what  the  attitude  of  the  miners  would  be  toward  an  arbitration 
committee.  President  Slocum  would  be  authorized  to  say  that 

[37] 


38  BULLETIN   OF  THE   UNIVERSITY  OF  WISCONSIN 

the  mine  owners  were  willing  to  meet  the  miners  in  such  com- 
mittee, and  to  make  some  concessions  toward  a  compromise. 
After  some  discussion  the  president  agreed  to  go.  The  Rev.  E. 
Evans  Carrington,  who  was  well  known  as  a  friend  of  organized 
labor,  also  several  members  of  the  Colorado  Springs  labor 
unions,  were  asked  to  accompany  Dr.  Slocum. 

The  party  left  Colorado  Springs  late  Saturday  evening,  May 
26th,  arriving  in  Cripple  Creek  early  Sunday  morning.  Com- 
munication was  held  with  President  Calderwood  over  the  tele- 
phone, and  then  the  party  started  out  on  foot  for  Altman. 
As  they  arrived  at  the  foot  of  Bull  Hill  a  sentry  stepped  from 
behind  a  rock,  and  with  levelled  Winchester,  and  the  cry 
"Hands  .up!"  brought  them  to  a  standstill.  Upon  learning 
their  names  and  business  the  sentry  said  he  had  instructions  to 
pass  them,  and  proceeded  to  conduct  them  to  Altman  and  the 
headquarters  of  the  union. 

At  headquarters  the  party  was  met  by  President  Calderwood, 
who  took  President  Slocum  into  his  office  immediately  for  a 
conference.  Dr.  Slocum  stated  that  he  came  representing  no 
one  in  particular,  but  the  people  of  the  county  in  general,  to 
see  if  some  arrangement  could  not  be  made  to  arbitrate  the 
present  difficulty.  Mr.  Calderwood  replied  that  arbitration  was 
one  of  the  cardinal  principles  of  the  union,  that  the  union  had 
been  willing  to  come  to  a  compromise  all  along,  and  was  still 
willing  to  do  so.  Dr.  Slocum  then  asked  what  conditions  they 
thought  they  ought  to  have  in  a  settlement.  Mr.  Calderwood 
replied  that  the  men  felt  that  they  should  have  an  eight-hour 
day  and  a  three-dollar  wage,  and  upon  Dr.  Slocum  bringing  up 
the  question,  added  the  clause  that  there  should  be  no  discrimin- 
ation between  union  and  non-union  men.  The  question  of  a 
committee  was  then  discussed,  and  it  was  practically  decided 
that  two  representatives  of  the  union  should  meet  two  repre- 
sentatives of  the  mine  owners  somewhere  on  neutral  ground, 
and  that  these  four  should  appoint  a  fifth,  the  committee  to 
have  authority  over  the  questions  in  dispute. 

Some  further  conversation  ensued,  and  then  Mr.  Calderwood 
invited  President  Slocum  to  address  the  miners.  Upon  his 
acceptance  of  the  invitation,  runners  were  sent  out  through 

[38] 


RASTALL HISTORY    OF    THE    CRIPPLE    CREEK    STRIKE 


39 


the  camp,  and  soon  between  three  and  four  hundred  men  were 
gathered.  To  them  President  Slocum  spoke  for  about  an  hour, 
advising  them  to  meet  the  mine  owners  half  way  in'  the  proposed 
compromise;  calling  upon  them  to  respect  the  laws  of  the  state, 
and  pointing  out  that  an  armed  resistance  of  the  authorities 
could  only  end  finally  in  disaster  to  themselves.  Mr.  Carring- 
ton  and  Mr.  Collais  also  made  brief  addresses. 

There  were  still  some  effects  of  the  over-abundance  of  whiskey 
visible  among  the  men,  and  some  of  them  were  in  an  ugly 
humor.  So  much  so  that  Mr.  Calderwood  had  some  fears  for 
the  safety  of  Dr.  Slocum  while  making  his  address.1  The 
party,  however,  left  Altaian  undisturbed,  and  returned  im- 
mediately to  Colorado  Springs. 

On  Monday  afternoon  Mr.  Hagerman  called  President  Calder- 
wood by  telephone  to  discuss  matters  pertaining  to  the  arbi- 
tration committee.  The  miners  had  held  a  meeting  in  the 
meantime,  however,  and  instructed  their  president  to  consent 
to  the  committee  only  on  condition  that  the  mine 
owners  should  previously  agree  that  union  men  be  given 
preference  in  employment  at  the  mines.  Upon  this  condition 
being  communicated  to  Mr.  Hagerman,  he  replied  that  the  mine 
owners  would  never  consent  to  such  a  condition,  and  so  the  at- 
tempt to  secure  a  compromise  failed. 

Later  in  the  day  a  remarkable  event  took  place  on  the  mesa 
below  Altaian.  It  will  be  remembered  that  the  deputies  had 
taken  five  prisoners  in  the  battle  near  Wilbur;  also  that  in  re- 
taliation the  miners  had  imprisoned  the  three  men  taken  from 
the  Strong  mine.  President  Slocum,  while  at  Altman,  had 
arranged  for  the  exchange  of  the  three  men  for  the  five  im- 
prisoned miners,  and  Monday  afternoon  the  exchange  took 
place.  A  deputy  sheriff  came  up  from  Colorado  Springs  with 
the  five  miners ;  one  of  the  union  officers  came  down  from  Alt- 
man with  their  three  prisoners;  and  meeting  in  a  prearranged 


1  That  his  fears  were  not  groundless  was  shown  by  the  fact  that  an  old 
German  stood  close  to  the  president  while  he  was  speaking,  and  occasionally 
rubbing  the  muzzle  of  his  Winchester  against  him,  would  pat  it  affectionately, 
and  remark  :  "Dat's  good  for  twenty-five  deputies."  The  man  was  known  by 
Mr.  Calderwood  to  be  one  of  the  worst  characters  in  the  union.  He  was  after- 
ward hanged  for  killing  a  man  in  a  saloon  fight. 

[39] 


40  BULLETIN   OF  THE   UNIVERSITY  OF  WISCONSIN 

spot,  the  exchange  took  place  with  all  the  military  formality 
of  war.  This  is  probably  the  only  instance  of  a  strike  in  which 
rights  of  belligerency  were  recognized,  and  a  formal  exchange 
of  prisoners  made. 


THE  MISSION  OP  GOVERNOR  WAITE 

Governor  Waite  had  been  closely  following  events  at  Cripple 
Creek.  For  a  week  his  private  secretary,  Michael  Lorentz,  had 
been  in  the  district  making  thorough  investigations  and  report- 
ing daily  by  telephone.  Upon  the  failure  of  the  proposed  com- 
mittee of  arbitration  pressure  was  brought  to  bear  on  the 
governor  and  he  finally  decided  to  see  what  influence  his 
presence  at  the  seat  of  difficulty  would  have  toward  a  settle- 
ment. He  accordingly  telephoned  the  miners  of  his  in- 
tended visit  and  wish  to  confer  with  them,  and  went  into  the 
district  on  the  afternoon  of  May  30th. 

The  same  afternoon  a  heavy  rain  and  snow  storm  settled  down 
upon  the  Cripple  Creek  District.  A  few  hours  of  the  storm 
closed  the  railroads  by  landslides  and  cloudbursts,  and  broke 
down  every  telegraph  and  telephone  line,  isolating  the  district 
completely  from  the  rest  of  the  world  for  a  period  of  four  days. 

In  Colorado  Springs  this  was  a  period  of  great  anxiety.  The 
number  of  deputies  at  Camp  Divide  was  known  to  have  reached 
nearly  a  thousand.  They  were  supposed  to  be  about  ready  for 
an  attack  upon  the  miners,  and  news  of  a  terrible  battle  was 
expected  daily.  All  sorts  of  terrifying  rumors  filled  the  air. 
A  mass  meeting  of  citizens  on  the  evening  of  the  30th  decided 
that  the  city  was  in  danger  from  the  lawless  element,  and  called 
for  volunteers  for  a  "Home  Guards"  organization  to  protect 
the  city.  About  one  hundred  fifty  men  came  forward,  and 
were  formed  into  squads  which  patrolled  the  outskirts  of  the 
city  night  and  day.  A  Woman's  Relief  Association  was  formed, 
to  prepare  medicines  and  bandages,  and  make  plans  to  care  for 
the  wounded  in  the  coming  conflict.  A  4-11  alarm  on  the  fire 
bell  was  arranged  for  as  a  danger  signal.  A  wild  report  caused 
the  alarm  to  be  sounded  one  night.  The  Home  Guards  turned 

[40] 


RASTALL HISTORY  OF  THE  CRIPPLE  CREEK  STRIKE 

out  in  mass,  and  every  other  able  bodied  man  who  could  find 
a  weapon  followed,  and  the  city  was  in  an  uproar  until  morn- 
ing. 

At  the  deputy  camp  the  days  passed  in  quiet  preparation. 
Strict  military  discipline  prevailed.  The  men  were 
comfortably  housed  in  huts  built  of  railroad  ties  and  in  box 
cars.  Pickets  were  posted  in  all  directions  to  guard  against 
surprise.  There  was  daily  drill  and  instruction  in  tactics.  As 
soon  as  the  storm  ceased  and  the  roads  were  open  there  would 
be  enough  men  for  the  forward  move,  and  the  men  waited 
eagerly  for  the  time. 

The  effects  of  the  storm  were  most  severe  at  the  miners '  camp 
on  Bull  Hill,  and  the  fortitude  of  the  men  through  the  days  of 
snow  and  rain  gave  conclusive  proof  of  their  determination. 
Strict  military  discipline  was  in  force  here  also.  There  was 
daily  drill,  and  a  daily  session  of  court  martial.  The  men  were 
fed  at  the  army  boarding  houses,  supplied  by  the  commissary 
department.  Every  few  minutes  throughout  the  day  an  aide 
left  " General"  Johnson's  headquarters  with  orders  for  some 
part  of  the  camp.  The  picket  system  was  perfect;  every  road 
was  guarded  for  miles  around  Bull  Hill. 

Governor  Waite  got  into  Altman  ahead  of  the  storm,  and  im- 
mediately held  a  conference  with  the  union.  In  a  lengthy 
speech  he  promised  the  men  his  friendship  and  help  in  settling 
their  difficulties.  At  the  same  time  he  demanded  that  they 
cease  their  violent  opposition  to  law,  and  appoint  a  committee 
to  confer  with  the  mine  owners  relative  to  a  compromise.  The 
union  elected  the  Governor  and  President  Calderwood  a  com- 
mittee with  absolute  power  to  act  for  them  in  a  settlement,  and 
on  the  day  following  they  left  for  Colorado  Springs. 

The  condition  of  the  roads  was  such  that  the  trip  to  Colorado 
Springs  occupied  three  days.  The  party  had  to  walk  all  but 
fourteen  miles  of  the  distance  to  Florence.  Then  the  tracks 
were  found  to  be  washed  out  between  Florence  and  Pueblo,  and 
a  long  detour  had  to  be  made  through  La  Junta.  .  Finally,  about 
noon,  June  2nd,  the  train  bearing  Governor  Waite  and  Mr. 
Calderwood  pulled  in  at  the  Denver  and  Rio  Grande  station  at 
Colorado  Springs.  Word  of  their  coming  had  been  telegraphed 

[41] 


42  BULLETIN    OF  THE    UNIVERSITY    OF   WISCONSIN 

ahead  to  Mr.  Hagerman,  and  arrangements  made  for  a  confer- 
ence at  Colorado  College  in  the  afternoon. 

At  3  o'clock  the  conference  met  in  the  society  room  of  Palmer 
Hall — now  the  hall  of  Cutler  Academy.  Governor  Waite,  act- 
ting  for  the  miners,  and  J.  J.  Hagerman,  for  the  mine  owners, 
discussed  the  question  formally.  Besides  these  two  gentlemen 
there  were  present  President  Slocum,  of  the  college;  Judge 
Lunt,  W.  S.  Jackson,  and  a  number  of  others. 

Mr.  Hagerman  opened  with  a  statement  of  the  difficulty,  and 
the  attitude  of  the  mine  owners  toward  it.  Governor  Waite 
spoke  urging  that  the  trouble  be  settled  in  some  way,  and  ended 
by  setting  forth  the  conditions  under  iwhich  the  miners  were 
willing  to  return  to  work.  These  conditions  were,  briefly:2 

1.  An  eight-hour  working  day    for  which    $3.00    should    be 
paid. 

2.  None  but  union  men  to  be  employed. 

3.  No  one  to  be  prosecuted  for  any  act  committed  during  the 
strike. 

To  the  first  proposition  Mr.  Hagerman  replied  that  it  would 
be  conceding  all  that  the  miners  had  originally  struck  for,  and 
would  be  no  compromise.  Concerning  the  second,  he  said  that 
he  would  never  be  a  party  to  an  agreement  that  militated 
against  the  right  of  any  American  citizen  to  take  work  where- 
ever  he  could  find  it.  Regarding  the  third,  he  said  it  was  in- 
conceivable that  the  governor  of  the  state  should  object  to  the 
lalw  taking  its  course,  and  that  in  any  event  that  was  a  matter 
for  the  El  Paso  County  authorities,  not  the  committee,  to  de- 
cide. The  argument  finally  narrowed  to  the  matter  of  the  em- 
ployment of  non-union  men,  and  waxed  warmer  and  wanner, 
the  governor  especially  becoming  greatly  excited  and  using  the 
strongest  kind  of  language.  Three  hours  had  passed  and  nothing 
was  yet  accomplished,  when  word  suddenly  came  to  the  con- 
ference that  the  building  was  surrounded  by  armed  men,  and 
that  the  campus  was  rapidly  filling. 

News  that  Calderwood  had  come  to  the  city  with  the  governor 
spread  rapidly  through  the  city  in  the  early  -afternoon,  and 


2  Account  by  President  W.   F.   Slocum  of  Colorado   College,   who  was  present 
during  the  entire  conference. 

[42] 


EASTALL HISTOEY  OF  THE  CRIPPLE  CREEK  STRIKE    43 

everywhere  groups  of  men  discussed  the  possibility  of  his  being 
arrested  while  under  the  protection  of  the  governor.  The  news- 
papers of  the  Springs  had  blamed  Mr.  Calderwood  with  every- 
thing real  and  imaginary  that  had  happened  recently  at  Cripple 
Creek,  and  feeling  against  him  was  running  high.  Such  a 
chance  to  get  hold  of  him  it  was  felt  ought  not  to  be  let  go  by. 
Some  hothead  suggested  that  if  the  law  could  not  reach  him  the 
people  could,  and  declaring  that  he  would  shoot  him  on  sight, 
started  off  with  his  gun  for  Palmer  Hall.  Others,  among  them 
several  prominent  citizens  of  the  city,  followed  his  example,  and 
soon  there  was  a  string  of  armed  men  hastening  toward  the  col- 
lege. Excitement  became  intense.  Downtown  on  the  street 
corners  men  harangued  the  ever-increasing  crowds1.  The  cry 
went  up  to  lynch  Calderwood  and  the  governor,  too ;  and  being 
taken  up  was  repeated  on  all  sides.  Self  restraint  was  thrown 
to  the  winds  and  there  was  a  general  rush  for  the  college 
campus. 

At  Palmer  Hall  word  was  sent  in  that  the  building  was  sur- 
rounded, and  that  two  or  three  men  were  even  in  the  hall  de- 
claring that  they  would  shoot  Calderwood  when  he  came  out. 
There  was  a  hurried  adjournment,  followed  by  a  rapid  making 
of  plans.  Judge  Lunt  stepped  out  on  the  porch  and  began  an 
impassioned  speech  to  the  crowd  on  the  terrible  disgrace  they 
would  bring  upon  the  city  if  they  should  lynch  President  Calder- 
wood, and  especially  if  they  committed  any  overt  act  against 
the  governor.  .  While  he  held  their  attention,  the  governor,  with 
Mr.  Calderwood  on  one  side  and  Private  Secretary  Lorentz  on 
the  other,  slipped  quietly  out  at  the  rear  door,  and  hurried  across 
the  campus  to  the  cab  which  was  waiting  for  them.  They  were 
driven  to  the  depot,  where  the  governor's  private  train  was 
waiting  for  them  with  steam  up,  and  soon  after  pulled  out  for 
Denver.  Just  before  the  train  left  Colorado  Springs,  the  gover- 
nor had  word  from  the  mine  dwners,  finally  rejecting  the  propo- 
sitions offered  by  him  for  the  miners  at  the  afternoon  confer- 
ence.3 


*  At  this  time  the  miners  in  many  of  the  camps  of  the  state  were  organizing 
armed  companies  to  go  to  the  aid  of  the  miners  at  Cripple  Creek.  At  Rico, 
a  company  of  10O,  under  the  command  of  William  Simpson,  siezed  a  train  on 

[43] 


44  BULLETIN   OF  THE   UNIVERSITY  OF  WISCONSIN 

Two  days  later  Mr.  Hagerman  went  to  Denver,  and  in  com- 
pany with  David  H.  Moffatt,  had  another  conference  with 
Governor  Waite.  At  this  conference  Messrs.  Hagerman  and 
Moffatt  acceded  to  the  demand  of  the  miners  for  an  eight-hour 
day,  and  three-dollar  wage,  specifying  that  the  men  should 
lunch  on  their  own  time.  Governor  Waite,  on  his  part,  with- 
drew the  demands  for  employment  of  union  men  only,  and  for 
no  prosecutions,  and  articles  of  agreement  were  drawn  up.  As 
there  was  no  definite  organization  among  the  mine  owners, 
Messrs.  Hagerman  and  Moffatt  could,  of  course,  sign  the  agree- 
ment only  for  themselves.  It  was  understood,  however,  that 
they  virtually  represented  the  mine  owners,  and  that  the  other 
men  would  stand  by  their  agreement.  The  following  days 
proved  this  to  be  true. 

The  articles  of  agreement  were  as  follows.4 

"For  the  purpose  of  settling  the  serious  difficulties  between 
employers  and  employees  in  Cripple  Creek  Mining  District,  El 
Paso  County,  Colo.,  it  is  agreed  by  and  between  Governor  Davis 
H.  Waite,  appointed  by  and  representing  the  Free  Coinage 
Miners  Union  No.  19,  W.  F.  M.,  its  members  and  other  miners 
of  said  district,  on  the  one  part,  and  'J.  J.  Hagerman  and  David 
H.  Moffatt  for  themselves  as  mine  owners  and  employers  of 
mining  labor  in  said  district,  on  the  other  part,  as  follows. 

"1.  That  eight  hours  actual  work  shall  constitute  'a  day',  divided  as 
follows:  Four  hours  of  continuous  work,  then  20  minutes  for  lunch, 
then  four  hours  of  continuous  work;  for  which  said  eight  hours  of 
labor  there  shall  be  paid  three  dollars  ($3.00). 

"2.  In  the  employment  of  men  there  shall  be  no  discrimination  against 
union  men  or  against  non-union  men.5 

"3.  The  undersigned,  J.  J.  Hagerman  and  D.  H.  Moffatt,  earnestly 
urge  upon  other  mine  owners  and  employers  of  mining  labor,  in  said 
Cripple  Creek  District,  to  accede  to  and  act  upon  the  foregoing  agree- 
ment. "Signed, 

"DAVIS  H.  WAITE, 
"J.  J.  HAGEBMAW, 
"DAVID  H.  MOFFAT." 


the  Rio  Grande  Ry.,  and  got  nearly  100  miles  on  their  way.  The  governor, 
hearing  of  the  movement,  sent  a  telegram  to  them  at  Montrose  commanding  that 
they  return  home,  and  promising  to  give  the  striking  men  protection.  The 
cdmmand  was  obeyed. 

4Copy  given  to  newspapers  and  published  by  all  papers  of  Denver  and 
Colorado  Springs,  June  5,  1894. 

8  Men  who  had  been  prominent  in  the  strike  were  never  able  to  obtain  work  in 
the  mines  again,  and  several  of  the  mines  absolutely  refu  ed  to  employ  union  men. 

[44] 


RASTALL HISTORY   OF   THE    CRIPPLE    CREEK   STRIKE         45 

MILITIA  vs.  DEPUTIES 

Next  day  the  entire  state  militia  was  called  out  under  orders 
to  go  with  all  possible  dispatch  to  the  Cripple  Creek  District 
and  preserve  the  peace.6  More  specific  directions  were  given  to 
General  Brooks,  in  command,  by  the  governor.  He  was  to  place 
his  force  between  the  miners  and  deputies,  and  prevent  a  clash 
between  them  by  every  possible  means.  The  disbandment  of  the 
deputy  army  was  to  be  secured  at  the  earliest  possible  moment. 
Protection  was  to  be  afforded  to  the  sheriff  and  to  the  mine 
tfwners,  but  armed  bodies  of  deputies  were  to  be  prevented  from 
making  arrests,  or  from  occupying  the  mines.7 

At  Colorado  Springs  and  Cripple  Creek  it  was  felt  that  the 
trouble  was  over,  and  there  was  great  rejoicing.  The  mine  own- 
ers were  rapidly  signifying  their  intention  of  accepting  the 
agreement,  and  the  miners  had  sent  out  word  that  they  would 
stand  by  the  governor's  action,  and  that  they  would  not  resist 
the  militia.  But  the  deputies  had  yet  to  be  reckoned  with.  On 
the  night  of  the  6th  they  broke  camp,  and  cutting  all  telegraph 
and  telephone  lines,  and  imprisoning  all  newspaper  reporters, 
they  advanced  toward  Bull  Hill.  Morning  found  them  camped 
in  Beaver  Park,  about  three  miles  from  Altman,  and  in  full 
view  of  the  miners'  camp.  A  small  skirmish  took  place  just 
after  day-break.  Some  of  the  deputies'  horses  strayed  beyond 
the  picket  line,  and  a  squad  was  sent  out  to  bring  them  in.  The 


•  «  *  *  *  ^n(j  whereas  the  riot  or  insurrection  now  existing  in  Cripple 
Creek  has  been  and  now  is  beyond  the  power  of  the  civil  authorities  to  control, 
the  lives  and  property  of  citizens  of  said  county  are  in  jeopardy,  and  application 
has  been  made  by  the  sheriff  of  said  county  for  military  aid\; 

"Now,  therefore,  I,  Davis  H.  Waite,  governor  of  Colorado  and  commander  in 
chief  of  the  Colorado  National  Guard  and  the  militia  of  the  State,  do  call  upon1 
a.11  organized  companies  of  the  Colorado  National  Guard  to  be  and  appear  in 
the  said  county  of  El  Paso,  under  the  orders  of  Brigadier  General  Brooks,  to 
restore  peace  and  order  in  said  Cripple  Creek  mining  district,  El  Paso  County, 
Colorado.  All  persons  whomsoever  in  said  county  of  El  Paso  unlawfully  en- 
gaged in  strife  are  warned  to  preserve  the  peace,  and  any  unlawfully  in 
possession  of  real  property  to  yield  the  possession  thereof  to  the  rightful  owners, 
and  to  cease  any  and  all  acts  tending  to  promote  civil  war,  to  the  end  that  the 
laws  may  resume  their  sway  r.nd  the  rights  of  property  be  determined  by  the 
courts.  "Davis  H.  Waite, 

"Governor  of  Colorado." 

7  Biennial  Report  of  Adjutant  General,  p.  48. 

[45] 


46  BULLETIN   OF  THE   UNIVERSITY  OF   WISCONSIN 

men  ran  into  the  picket  line  of  the  miners  and  a  lively  exchange 
of  shots  took  place,  in  which  no  one  was  injured. 

The  militia  arrived  early  in  the  afternoon,  and  following  their 
orders,  went  into  camp  between  the  deputies  and  miners.  Later 
in  the  afternoon  Generals  Brooks  and  Tarsney  held  a  conference 
with  the  leaders  of  the  deputies,  in  which  a  great  deal  of  fric- 
tion was  created  by  the  question  whether  the  militia  or  the 
county  officials  were  higher  in  authority.  Both  sides  claimed  the 
right  to  command  and  be  assisted,  and  there  was  cause  for  much 
anxiety  as  to  what  would  happen  on  the  morrow. 

Early  next  morning  the  deputy  camp  was  in  motion.  The 
men  were  formed  into  line,  divided  into  several  detachments, 
and  started  off  in  as  many  directions.  General  Brooks  kept 
watch  of  the  movement,  and  when  it  became  evident  from  their 
line  of  march  that  the  detachments  were  all  headed  for  Bull 
Hill,  he  sent  for  Sheriff  Bowers,  inquiring  what  he  intended  to 
do. 

From  the  miners'  camp  on  the  hill  the  movements  were  be- 
ing watched  closely.  As  the  long  lines  of  men  swung  out  in 
the  valley  below  and  took  up  their  march  forward,  the  alarm 
whistle  at  the  Victor  mine  gave  forth  its  warning  blasts,  and 
in  a  few  moments  the  hillsides  were  dotted  with  men  hurrying 
in  to  headquarters.  Fifteen  minutes  saw  the  ranks  complete, 
and  "General"  Johnson  issuing  orders  that  were  to  give  the 
deputies  a  warm  reception. 

The  miners  had  no  cannon,  as  has  been  generally  supposed, 
but  they  had  a  weapon  even  more  deadly  at  close  range  in  the 
shape  of  a  huge  bow-gun.  This  weapon  was  a  home-made  af- 
fair, and  could  throw  to  the  foot  of  the  hill.  Its  missiles  were 
beer  bottles  filled  with  dynamite.  It  would  work  terrible  ex- 
ecution when  the  deputies  attempted  the  steep  climb  for  the 
summit.  Different  points  on  the  hill  were  mined,  and  connected 
with  electric  wires  to  explode  at  the  pressing  of  a  button.  Every 
man  was  well  armed,  and  with  a  belt  or  pocket  full  of  cartridges. 
In  the  upper  left  vest  pocket  of  each  were  five  dynamite  cart- 
ridges the  size  of  pencils.  These  were  fitted  with  percussion 
caps  and  were  to  be  thrown  at  close  quarters  as  the  deputies 
came  up  the  steep  incline.  Every  advantage  was  taken  of  the 

[46] 


RASTALL HISTORY    OF    THE    CRIPPLE    CEEEK   STRIKE         47 

natural  strength  of  the  place  in  distributing  the  men.  Alto- 
gether Bull  Hill  was  an  extremely  hazardous  place  to  attack. 

In  the  valley  below  General  Brooks  had  not  waited  for  an 
answer  from  his  message  to  the  sheriff.  The  buglers  called  the 
troops  to  arms,  and  having  formed  quickly  they  went  off  at 
double  quick  after  the  ranks  of  the  deputies.  General  Brooks 
rode  rapidly  on  ahead.  Coming  up  with  the  sheriff  a  quick 
dispute  ensued.  The  general  inquired  what  was  the  meaning 
of  this  movement.  Sheriff  Bowers  replied  that  he  was  sending 
squads  of  men  to  guard  the  roads  leading  from  Bull  Hill  to 
prevent  the  escape  of  men  for  whom  he  had  warrants,  and  that 
he  was  going  on  the  hill  with  another  squad  to  make  arrests.8 
General  Brooks  replied  that  he  was  under  orders  to  prevent 
armed  bodies  of  deputies  from  attempting  to  make  arrests,  and 
that  they  must  return  to  their  camp.  The  sheriff  insisted  that 
he  should  proceed.  General  Brooks  asserted  that  he  must  carry 
out  his  orders,  and  would  be  compelled  to  fire  upon  the  deputies 
unless  they  ceased  their  march  immediately.  Sheriff  Bowers 
held  a  conference  with  some  of  his  men,  and  seeing  that  the 
general  was  determined,  gave  orders  for  the  deputies  to  return 
to  their  camp. 

The  militia  continued  on  their  march,  and  entered  Altaian 
shortly  after  noon.  Upon  seeing  the  deputies  turn  back,  the 
miners  had  dispersed  again,  and  following  their  repeated  state- 
ments to  that  effect  received  the  militia  without  any  show  of 
resistance.  That  night  the  militia  occupied  the  miners'  camp. 

Governor  "Waite  had  all  along  maintained  that  the  deputy 
army  was  illegally  assembled,  and  General  Brooks  had  been 
ordered  to  secure  its  disbandment.  Even  with  Bull  Hill  in 
the  hands  of  the  militia,  and  the  miners'  army  dispersed,  the 
deputies  refused  to  disband.  Under  the  leadership  of  Deputy 
Bob  Mullins  they  inarched  next  morning  to  Cripple  Creek,  and 
passing  through  the  city  arrested  everybody  who  in  any  way 
met  with  their  disapproval.  Then  they  took  up  the  line  of 
march  to  the  Independence  mine,  and  went  into  camp  around 


8The   Adjiitatnt   General's    Biennial    Jfcport   says   that    Sheriff   Bowers   pleaded 
that  he  could  not  control  the  men. 


48  BULLETIN  OF  THE   UNIVERSITY  OF  WISCONSIN 

it.  General  Brooks  met  the  deputies  on  the  way  to  the  Indepen- 
dence, and  again  demanded  that  they  disperse,  but  was  met  with 
a  blunt  refusal. 

General  Brooks  had  been  in  constant  communication  with 
the  governor  all  day.  In  the  morning  he  telegraphed  that  the 
sheriff  had  reported  the  deputies  to  be  beyond  his  control. 
Later  in  the  day  he  sent  the  following  telegram:  "Situation 
critical.  Sheriff  persists  in  quartering  his  entire  force  at  Inde- 
pendence mine.  Says  he  does  so  at  request  of  o'wner.  There 
is  in  my  judgment  but  one  solution — martial  law.  General 
Tarsney  indorses  this  opinion.  (Signed)  Brooks."  To  this 
the  governor  replied  that  his  orders  must  be  carried  out  at  all 
hazards.  "If  the  deputies  resist  your  authority  I  will  call  out 
the  unorganized  militia  to  suppress  their  insurrection."9  That 
meant  that  every  able-bodied  man  between  eighteen  and  forty- 
five  might  be  called  out,  and  that  the  controversy  would  assume 
proportions  which  would  make  the  miners'  affair  seem  small 
indeed.10 


9  Colorado  State  Papers. 

Biennial  Report  of  the  Adjutant  General,  1893  and  1894,  p.  50. 
Also  cf.  Office  of  Adjutant  General,  impression  copies  order  to  militia,  May, 
1894. 

10  The  telegrams  of  the  8th  and  9th  are  here  given  in  full. 
Davis  H.  Walte,   Governor. 

The  deputies  moved  from  the  right  and  left  of  our  position  this  morning, 
•ontrary  to  agreement  not  to  do  so,  and  advanced  on  the  miners.  It  becoming 
evident  to  General  Brooks  that  they  intended  an  attack  upon  the  miners,  the 
entire  column  was  put  in  motion,  and  the  bodies  of  deputies  overtaken  at  a 
point  1  mile  from  Altman.  Under  orders  of  General  Brooks  they  returned  to 
their  camp. 

I  most  respectfully  urge,  in  view  of  our  close  proximity  to  the  miners,  that 
we  be  Instructed  to  receive  their  surrender,  which  I  am  credibly  informed  that 
all  are  anxious  to  make.  They  sent  a  committee  to  confer  with  me  last  night, 
but  the  committee  were  arrested  by  the  deputies  and  I  did  not  meet  them. 
Answer.  T.  J.  Tarsney, 

Adjutant  General. 
Adjutant  General,  T.  J.  Tarsney. 

Accept  surrender  of  miners.  Do  not  disarm  them,  but  protect  them  with  all 
your  power.  Make  a  cordon  and  keep  armed  deputies  out.  Advise  sheriff  and 
make  no  arrests.  Use  no  force  to  compel  any  arrested  man  to  go  with  the 
sheriff.  Let  that  be  voluntary.  If  the  armed  deputies  resist  your  authority 
I  will  call  out  the  unorganized  militia  to  suppress  their  insurrection. 

Davis  H.  Waite, 

Governor. 
Davis    H.    Waite,    Governor. 

Deputies  were  sent  out  in  squads  this  morning  to  arrest  parties  for  whom  I 

[48] 


EASTALL HISTORY    OF    THE    CRIPPLE    CREEK   STRIKE  * 

Fortunately,  before  any  further  action  had  been  taken,  a 
conference  was  held  at  Altman  between  mine  owners,  militia 
officers,  and  county  officials.  There  were  present  Sheriff  Bowers 
and  County  Commissioner  Boynton,  W.  S.  Stratton  and  Chas. 
Steele  of  the  Independence,  Mr.  Keith  of  the  Victor,  Wm.  Len- 
nox, L.  P.  Airhart,  Generals  Brooks  and  Tarsney,  and  Colonel 
Hagel.  The  following  agreement  was  reached.11 

1.  Deputies  to  be  withdrawn. 

2.  The  mines  to  be  put  in  peaceable  possession  of  the  owners. 

3.  Military  protection  to  be  afforded  to  mines  and  miners. 

4.  Troops  to  remain  for  30  days  at  least,  and  longer  if  necessary  in 
the  opinion  of  the  commanding  general. 

5.  Miners  to  deliver  up  all  arms  in  their  possession,  also  personal 
property  belonging  to  other  persons  or  taken  from  the  mines. 

6.  Troops  to  be  stationed  at  Cripple  Creek,  Victor,  and  Anaconda. 

7.  Persons  for  whom  the  sheriff  has  or  may  have  warrants  to  be  ar- 
rested and  turned  over  to  the  sheriff  at  Colorado  Springs. 

This  agreement  was  carried  out  and  was  the  final  settlement  of  the 
difficulty. 


have  warrants  and  who  are  trying  to  leave  the  district.  While  these  deputies 
were  in  the  discharge  of  their  duties  they  were  intercepted  by  General  Brooks, 
with  the  State  Militia,  and  ordered  to  return  to  camp.  I  understand  the  militia 
are  here  to  aid  me  in  serving  process  and  placing  the  mine  owners  in  possession 
of  their  property.  If  this  is  not  the  case  and  they  are  sent  here  to  prevent  me 
from  doing  my  duty  and  hindering  the  law,  then  I  most  respectfully  request 
their  immediate  recall.  M.  F.  Bowers, 

Sheriff. 
M.  F.  Bowers,  Sheriff. 

It  is  ill  advised  to  send  out  squads  to  arrest  miners  at  this  time.  General 
Brooks  is  in  the  field  to  compel  peace.  He  Is  ordered  to  prevent  any  arrests  or 
attacks  by  armed  deputies.  The  militia  are  under  the  orders  of  the  commander 
in  chief,  and  not  of  the  sheriff.  If  the  deputies  resist  the  order  of  General 
Brooks  to  suppress  insurrection  they  resist  the  lawful  power  "of  the  state. 

Davis  H.  Walte, 

Governor  and  Commander  in  Chief. 
Davis  H.  Waite,  Governor. 

Sheriff  Bowers  admits  his  inability  to  control  his  deputies,  and  some  of  his- 
officers  agreed  with  him.  This  was  the  reason  of  his  failure  to  keep  faith  with. 
General  Brooks.  T.  J.  Tarsney, 

Adjutant  General. 
General  T.  J.  Tarsney. 

If,  as  you  say,  Sheriff  Bowers  admits  that  the  deputies  refuse  to  obey  his- 
orders  and  are  acting  in  defiance  thereof,  they  are  not  a  -lawful  body,  are  only 
armed  marauders,  and  you  must  treat  them  as  such.  Order  them  to  lay  down 
their  arms  and  disperse.  If  they  refuse  to  obey  and  you  have  not  force  enough 
to  suppress  this  new  insurrection,  notify  me  and  I  will  call  out  the  unorganized 
militia  to  enforce  the  order.  Davis  H.  Waite, 

Governor. 

"Biennial  Report  of  Adjutant  General,  1893-4,  p.  60. 


[49] 


50  BULLETIN   OF  THE   UNIVERSITY  OF   WISCONSIN 

THE  RESTORATION  OF  ORDER 

Next  day  the  deputies  returned  in  a  body  to  Colorado  Springs 
and  were  there  disbanded.  In  the  town  hall  at  Altman,  Sheriff 
Bowers  read  the  names  of  several  hundred  men  for  whom  war- 
rants had  been  issued,  and  they  were  asked  to  present  them- 
selves for  arrest.  A  great  many  did  so.  Many,  however,  had 
left  the  district  to  avoid  arrest,  and  were  never  located  by  the 
authorities.  The  militia  remained  in  camp  according  to  agree- 
ment, until  the  last  of  July,  when  they  were  withdrawn.  The 
mines  opened  slowly  at  first,  the  owners  hardly  feeling  sure  of 
the  ground,  but  as  the  men  showed  themselves  willing  to  work, 
confidence  was  restored,  and  operations  were  taken  up  again 
in  earnest. 

There  remained  for  a  long  time  a  certain  amount  of  hostility 
on  both  sides.  Among  the  extremely  radical,  feeling  still  ran 
high,  and  vented  itself  in  various  acts  of  violence.  A  number 
of  citizens  of  Colorado  Springs  found  it  wise  to  keep  guards  at 
their  dwellings.  In  the  same  city  a  scheme  was  made  to  tar 
and  feather  a  number  of  men  who  were  supposed  to  have  sym- 
pathized with  the  strikers  during  the  trouble.  The  plan  for- 
tunately became  known,  and  steps  were  promptly  taken  to  frus- 
trate it.  A  more  successful  attempt  was  made  later  upon  Ad- 
jutant General  Tarsney.  General  Tarsney  had  been  prominent 
in  the  friction  between  the  state  troops  and  deputies,  and  had 
become  greatly  hated  by  the  latter.  He  was  taken  from  the  Al- 
amo Hotel  one  night,  driven  several  miles  north  of  the  city,  and 
there  tarred  and  feathered,  and  left  wandering  around  in  the 
night  to  find  his  way  back  to  civilization  as  best  he  could.  An 
attempt  was  made  to  blow  up  the  home  of  Sheriff  Bowers  one 
night  with  a  nitroglycerine  bomb.  The  fuse  was  defective  and 
went  out;  otherwise  the  house  would  have  been  completely 
wrecked,  and  the  inmates,  who  were  sleeping  almost  directly 
above  the  bomb,  would  certainly  have  been  killed. 

Cripple  Creek  was  in  a  turbulent  condition  for  some  time. 
The  criminal  elements  that  had  come  into  the  city  during  the 
strike  were  not  easy  to  get  rid  of.  Sheriff  Bowers  spent  most 
of  his  time  in  the  neighborhood,  doing  his  utmost  to  restore  good 

[50] 


EASTALL HISTOEY    OF   THE    CEIPPLE    CEEEK   STEIKE  • 

order.  He  arrested  over  one  hundred  fifty  men,  and  kept  the 
county  jail  full  to  overflowing  all  the  following  year.  Various 
attempts  were  made  on  his  life.  One  night  two  men  were  shot 
on  the  road  from  Victor  to  Cripple  Creek  by  a  band  who  were 
after  the  sheriff,  and  who  mistook  the  men  for  the  sheriff  and 
his  deputy. 

It  was  nearly  a  year  before  the  men  charged  with  committing 
overt  acts  during  the  strike  came  to  trial.  In  March,  1895,  D.  M. 
McNamara  was  convicted  on  the  charge  of  assault  with  intent 
to  commit  robbery,  in  holding  up  the  stage  coach  of  John  Sim- 
mons, and  taking  his  guns  away  from  him.  He  was  sentenced 
to  two  and  one-half  years'  imprisonment,  but  the  case  was  ap- 
pealed, and  the  supreme  court  reversed  the  decision  and  set  him 
free.  Jackson  Rhines  received  a  jail  sentence  on  the  charge  of 
kidnapping.  Robert  Dunn  was  convicted  of  assault  with  in- 
tent to  kill,  but  broke  jail  before  sentence  was  passed  upon  him, 
and  was  never  retaken.  Robert  Lyons  and  Nicholas  Tully  were 
sentenced  to  terms  of  six  and  eight  years  respectively,  on  the 
charge  of  blowing  up  the  Strong  mine.  They  were  pardoned 
by  Governor  Mclntyre,  who  succeeded  Governor  Waite,  long 
before  the  expiration  of  their  sentences.  Some  three  hundred 
other  informations  or  indictments  were  filed,  but  were  dismissed 
later  on,  and  no  other  men  were  brought  to  trial.  Out  of  all 
the  men  arrested  not  one  served  a  full  sentence.12 


12  vide  Records  of  District  Court,  Colorado  Springs,  March  to  May,  1895. 
Cases,  People  vs.  D.  M.  McNamara. 
People  vs.  Jackson  Rhines. 
People  vs.  Robert  Dunn. 
People  vs.  Robert  Lyons. 
People  vs.  Nicholas  Tnlly. 


[51] 


52  BULLETIN   OF  THE   UNIVERSITY  OF  WISCONSIN 


CHAPTER  IV 

DISCUSSIONS 
PECULIARITIES  OP  THE  STRIKE 

In  the  Cripple  Creek  strike  one  finds  some  marked  peculiari- 
ties, phenomena  in  the  field  of  strikes.  Part  of  the  union  men 
worked  all  through  the  difficulty.  Wherever  a  mine  was  found 
that  would  continue  working,  or  would  start  to  work,  on  the 
eight-hour  schedule,  or  wherever  a  compromise  could  be  reached 
as  in  the  case  of  the  Isabella,  no  attempt  whatever  was  made  to 
shut  it  down;  the  men  continued  to  work  as  though  nothing 
whatever  had  happened.  This  is  in  marked  distinction  from  most 
strikes,  where  every  union  man  is  called  out  whether  he  has  a 
grievance  or  not,  and  as  many  other  allied  occupations  as  pos- 
sible affected  by  sympathetic  strikes. 

By  its  action  in  allowing  the  men  to  work  the  union  gained 
in  several  ways.  It  kept  a  considerable  amount  of  money  com- 
ing into  the  pockets  of  union  men,  a  goodly  portion  of  which 
went  to  the  support  of  the  strike.  It  kept  constantly  before 
the  eyes  of  the  public,  the  fact  that  the  men  were  not  trying  to 
introduce  a  new  and  unheard-of  system,  but  one  which  was  being 
successfully  applied  in  a  number  of  mines.  It  was  a  constant 
reminder  that  the  men  were  not  making  exhorbitant  demands 
to  which  it  was  impossible  to  accede,  since  mines  of  average 
yield  were  successfully  operating  under  all  the  conditions  which 
they  asked.  It  is  a  question  well  worthy  the  careful  considera- 
tion of  organized  labor  everywhere,  whether  a  similar  action 
would  not  produce  similar  beneficial  results  in  many  a  labor 
difficulty. 

The  exchange  of  prisoners  near  Bull  Hill  probably  has  no 
parallel  in  the  history  of  strikes.  When  the  five  captured  miners 

[53] 


RASTALL HISTORY    OF   THE    CRIPPLE    CEEEK   STRIKE 


53 


were  exchanged  for  the  three  imprisoned  officers  with  all  the 
formality  of  war,  the  Altman  union  received  recognition  such 
as  no  other  union  has  received  before  or  since.  Such  recogni- 
tion of  an  organization,  and  of  a  state  of  belligerency  might 
have  involved  some  interesting  questions  had  the  trouble  gone 
further  and  Federal  authority  been  invoked. 

Another  peculiarity  of  the  strike  was  that  state  authority 
was  used  in  such  a  way  as  materially  to  benefit  the  strikers. 
In  the  history  of  strikes  the  state  has  intervened  nearly  always 
only  after  a  demand  for  protection,  by  the  owners  or  operators, 
and  while  perhaps  intending  no  such  result,  its  authority  has 
been  so  directed  as  to  curtail  the  activities  of  the  strikers,  and 
to  lessen  greatly  their  chances  for  success.  The  results  of  this 
exception  are  interesting. 

Governor  Waite  was  a  Populist,  elected  to  his  position  on  a 
Populist  Labor  ticket,  and  his  ambition  was  to  be  known  as 
the  great  friend  of  the  laboring  man.  The  strikers  were  sure 
of  his  hearty  support  from  the  first,  and  the  county  authorities 
were  hampered  by  uncertainty  as  to  whether  his  action  would 
be  to  aid,  or  to  oppose  their  efforts.  All  through  the  trouble 
his  assertion  was  constant  that  no  act  of  his  should  be  hostile  to 
the  miners,  and  when  at  the  very  crisis  he  asserted  that  the 
deputy  army  was  illegally  assembled  and  should  be  disbanded, 
the  effect  was  very  great.1  The  miners  were  wise  enough, 
to  see  their  opportunity,  and  never  in  the  slightest  way  to  resist 
the  state  authorities,  and  hence  they  reaped  the  full  benefit  of 
the  governor's  friendship.  It  is  doubtful  whether  without  the 
moral  and  active  support  of  state  authority,  exerted  as  it  was 
at  critical  moments,  the  miners  could  have  won  their  strike. 


THE  POSITION  OP  THE  MINE  OWNERS 

"We  saw  at  the  beginning  that  the  Cripple  Creek  strike  was 
largely  the  result  of  a  general  financial  depression,  and  of  ir- 
regularity in  the  employment  of  labor  in  a  newly-opened  min- 


1  Proclamation  of  Governor  Waite,  May  26,  1894. 

[53] 


54  BULLETIN  OF  THE  TJNIVEESITY  OF  WISCONSIN 

ing  camp,  and  that  the  move  which  opened  the  strike  was  taken 
by  the  mine  owners. 

The  owners  felt  that  under  existing  conditions  they  were 
entitled  to  a  longer  working  day  for  the  $3.00  wage  which  they 
paid,  or  a  smaller  wage  for  the  shorter  day.  They  supported 
their  position  by  pointing  to  the  stringency  of  the  times,  the 
scarcity  of  money,  and  the  surplus  of  labor.  The  logic  of  busi- 
ness alone,  they  said,  made  it  impossible  to  maintain  wages  any- 
where on  a  prosperous-times  basis.  They  added  that  they  were 
putting  more  money  into  the  ground  most  of  the  time  than  they 
were  taking  out,  few  of  the  mines  were  paying  dividends,  and 
they  could  not  afford  to  pay  such  high  wages.  The  mines  in 
other  districts  worked  much  longer  hours.  In  Cripple  Creek, 
with  freedom  from  water,  mild  climate,  and  pure  air,  conditions 
for  mining  were  more  favorable  than  anywhere  else,  and  cer- 
tainly labor  should  be  no  more  expensive  than  elsewhere.2 

Feeling  that  these  conditions  entirely  justified  their  stand, 
they  refused  to  accept  the  various  compromises  proposed  at  the 
opening  of  the  strike,  and  took  no  action  whatever  on  the  offer 
of  the  miners  to  allow  the  mines  to  continue  working  as  they 
had  been  doing.  Nor  did  they  feel  that  they  could  follow  Mr. 
Stratton's  example  when  he  opened  the  Independence  on  a 
compromise.  They  watched  with  disgust  as  the  miners  thwarted 
attempt  after  attempt  to  open  the  mines,  and  at  last  in  exaspera- 
tion made  the  proposition  and  demand  on  the  county  authori- 
ties which  resulted  in  the  deputy  army. 

Later,  when  the  trouble  had  become  so  serious  that  it  looked 
as  though  hundreds  of  men  would  be  killed,  and  a  terrible  dis- 
aster fall  upon  the  county,  the  more  conservative  owners  began 
to  feel  that  a  small  difference  in  wages  was  too  slight  a  thing 
over  which  to  have  such  a  bitter  fight.  Especially  J.  J.  Hager- 
man  and  David  H.  Moffatt  felt  that  everything  possible  ought 
to  be  conceded  to  secure  a  compromise,  and  ward  off  such  a 
calamity,  and  it  'was  largely  through  the  efforts  of  these  men 
that  the  final  settlement  was  effected. 


8  Statement  by  Mr.  J.  J.  Hagerman. 

[54] 


RASTALL HISTORY  OF  THE  CRIPPLE  CREEK  STRIKE      55 

THE  POSITION  OF  THE  MINERS 

The  miners  naturally  approached  the  question  from  a  point 
of  view  differing  from  that  of  the  mine  owners.  To  them  the 
questions  of  hours  and  wages  were  vital  points  of  livelihood. 
They  declared  that  at  the  altitude  of  the  Cripple  Creek  District, 
varying  from  nine  thousand  to  eleven  thousand  feet,  men  could 
not  healthfully  work  more  than  eight  hours  a  day.  The  strain 
of  such  an  altitude  was  so  great  that  many  people  could  not  live 
there  at  all,  to  say  nothing  of  working  at  heavy  labor  every  day 
for  eight  hours.  The  trying  conditions  due  to  altitude,  they 
said,  were  augmented  by  the  nature  of  mining,  in  which  men 
had  to  work  with  clothing  dampened  by  water,  and  breathe  foul 
air  and  powder  smoke.  Nor,  they  insisted,  could  they  live  de- 
cently on  less  than  a  $3.00  wage.  Provisions  and  rents  were 
very  high.  By  the  time  they  had  paid  $15.00  or  $20.00  rent 
for  a  miserable  little  house,  bought  firewood  at  $4.50  a  cord, 
water  at  5  cents  a  bucket,  and  other  things  in  proportion,  there 
was  not  much  left  for  luxuries.  Cripple  Creek  was  a  gold 
camp  whose  product  had  not  been  affected  by  the  general  fall 
in  prices,  and  it  was  arbitrary  to  cut  their  wages  just  because 
thousands  of  other  men  were  out  of  work.3 

The  miners  at  the  beginning  wished  if  possible  to  make  a 
compromise,  and  made  all  the  advances  along  that  line.  Failing, 
they  settled  down  to  a  hard  fight,  with  the  feeling  that  they 
were  justified  in  going  to  extremes  to  keep  the  mines  from 
opening.  The  agreement  with  the  Isabella  showed  them  still 
willing  to  compromise.  Then  came  the  entrance  of  the  deputy 
army.  The  rumors  in  Cripple  Creek  concerning  the  deputies 
were  as  misleading  as  the  rumors  in  Colorado  Springs  concern- 
ing the  miners.  The  miners  prepared  to  resist  what  they  under- 
stood to  be  an  attack  intended  to  drive  them  from  the  county, 
and  emboldened  by  the  sympathy  of  the  governor  and  his  pro- 
clamation, held  the  deputies  at  bay.  Encouraged  by  their  suc- 
cess, and  the  attitude  of  the  governor,  and  the  fact  that  the 
proposals  were  now  coming  from  the  mine  owners,  they  made 


1  Statement  by  Mr.  John  Caldenvood. 

[55] 


56  BULLETIN  OF  THE   UNIVERSITY  OF  WISCONSIN 

exhorbitant  demands  in  the  final  attempts  at  arbitration.  For- 
tunately, in  making  the  governor  their  representative  with 
power  of  attorney,  they  left  the  way  open  for  the  final  settle- 
ment. 


THE  POSITION  OF  THE  GOVERNOR 

The  attitude  taken  by  Governor  Waite  was  in  brief  that  he 
would  do  nothing  that  would  aid  either  the  miners  or  mine 
owners  to  win  the  fight.  The  militia,  he  said,  should  not  be 
called  out  to  win  the  strike,  but  simply  to  preserve  the  general 
peace,  and  should  not  be  used  to  coerce  the  miners  in  any  sense 
of  the  word.4 

In  the  deputy  movement  he  saw  an  arrangement,  ostensibly 
by  the  county  authorities,  but  in  reality  by  the  mine  owners, 
meant  to  force  the  miners  to  give  up  the  struggle.  This  move- 
ment, as  he  saw  it,  originated  with  the  mine  owners,  and  was 
supported  by  their  contributions,  and  the  sheriff  was  simply  a 
puppet  in  their  hands. 

Moreover,  in  his  estimation  the  assembly  of  so  large  a  body 
of  deputies  was  illegal.5  He  immediately  declared  that  the 
sheriff  had  exceeded  his  authority,  first,  in  that  the  right  to  ap- 
point deputies  did  not  mean  the  power  to  form  an  army,  and 
second,  in  that  he  was  breaking  a  state  law  in  appointing  deputies 
from  outside  El  Paso  County.  The  swearing  in  of  men  in 
bodies  of  several  hundred;  their  equipment  with  whole  stands 
of  newly  purchased  arms ;  and  their  organization  into  a  military 
body,  constituted  the  formation  of  an  army,  and  was  an  usurpa- 
tion of  the  power  of  the  governor.  In  appointing  deputies 
from  Denver,  Leadville,  and  other  points  outside  El  Paso 
County  the  sheriff  was  disregarding  the  laws  of  the  state,  which 
expressly  directed  that  a  sheriff  call  aid  only  from  his  own 
county.6  The  governor  therefore  declared  the  formation  of  the 


4  From  statement  by  Hon.  J.  Warner  Mills,  legal  adviser  of  Governor  Waite 
at  the  time  of  the  strike. 

5cf.  Last  message  of  Governor  Waite  to  Legislature  Jan.  10,  1895. 

6  Mills'  Annotated  Statutes  of  Colorado,  Vol.  I,  Sec.  856.  It  shall  be  the  duty 
of  the  sheriff  and  undersheriff  and  deputies  to  keep  and  preserve  the  peace  of 

[56] 


EAST  ALL HISTORY    OF    THE    CRIPPLE    CREEK    STRIKE         57 

deputy  army  illegal,  and  demanded  that  it  disperse.  When  the 
deputies  made  their  forward  move  he  threw  the  militia  between 
them  and  the  miners,  with  orders  to  prevent  a  conflict  at  all 
hazards.  And  upon'  the  repeated  refusal  of  the  deputies  to 
disband,  he  prepared  to  call  out  the  whole  state  reserve. 


THE  BALEFUL  INFLUENCE  OF  POLITICS 

The  workings  of  political  intrigue  are  always  hard  to  trace 
accurately  and  it  is  impossible  to  say  just  what  part  politics 
played  in  the  Cripple  Creek  strike.  There  can  be  no  doubt, 
however,  that  both  parties  sought  to  make  political  capital  out 
of  the  strike,  and  by  their  machinations  greatly  impeded  its 
settlement. 

The  interest  of  Governor  Waite  in  the  miners  was  undoubtedly 
a  political  one,  the  desire  to  secure  sufficient  support  in  the 
western  part  of  the  county  to  overcome  the  Republican  strength 
in  the  eastern  part,  and  so  to  bring  El  Paso  into  the  ranks  of 
the  Populists.  He  was  willing  to  go  to  great  lengths  to  become 
known  as  the  friend  of  the  working  man,  and  his  influence  was 
such  as  to  constantly  encourage  the  miners  in  their  resistance 
of  the  county  authorities.  There  is  good  reason  to  believe  even 
that  it  was  a  telegram  from  the  governor  that  caused  the  miners 
to  make  the  demands  that  thwarted  the  first  attempt  at  arbitra- 
tion. This  in  order  that  he  might  have  the  credit  and  the  in- 
fluence upon  the  miners,  of  effecting  the  settlement  himself. 

The  Republicans  were  just  as  active  on  the  other  side.  There 
has  been  a  quite  general  opinion  that  the  deputy  movement  had 
as  its  ultimate  aim  the  driving  from  the  county  of  a  large  num- 
ber of  the  men  who  were  supporting  Populism,  and  endanger- 
ing the  power  of  the  Republicans  in  the  county.7  There  is 


their  respective  counties,  and  to  quiet  and  suppress  all  riots,  affrays  and  unlaw- 
ful assemblages  and  insurrection,  for  which  purpose,  and  for  the  service  of  pro- 
cess in  civil  and  criminal  cases,  and  in  apprehending  or  securing  any  person  for 
felony  or  breach  of  the  peace,  they  and  every  coroner  and  every  constable  may 
call  to  their  aid  any  person  or  persons  of  their  county  as  they  may  deem  neces- 
sary. 

7  Since  the  strike  of  1903  this  opinion  does  not  seem  so  fanciful,  as  it  did  at 
the  time  of  writing. 

[57] 


58  BULLETIN   OF  THE   UNIVERSITY  OF  WISCONSIN 

strong  evidence  that  the  county  officers  used  their  authority 
following  the  strike  to  keep  their  party  in  power.  The  Bull 
Hill  men  were  tried  under  conditions  which  made  it  almost  im- 
possible for  them  to  escape  even  if  innocent.  Two  prominent 
citizens  of  Colorado  Springs  made  affidavits  to  having  heard 
the  assistant  district  attorney  outline  a  scheme  which  was  to 
secure  the  conviction  of  every  man  tried.8  Of  the  four  men 
sentenced  for  crimes  committed  during  the  trouble,  one  broke 
jail,  one  was  set  free  by  the  Supreme  Court,  and  the  other  two 
were  pardoned  by  Governor  Mclntyre.9  Only  five  cases  were 
tried  out  of  three  hundred  informations  and  indictments.  The 
failure  to  prosecute  the  other  two  hundred  ninety-five  cases 
is  generally  supposed  to  have  come  about  as  follows:  the  in- 
dictments were  held  as  scourges  over  the  heads  of  the  men. 
They  were  promised  that  if  they  worked  heartily  for  the  Re- 
publican ticket  at  the  next  election  their  names  would  be 
dropped,  otherwise  they  would  be  tried,  and  would  be  sure  to 
be  convicted.  Needless  to  say  the  men  worked.  The  election 
went  as  desired,  and  the  indictments  were  dropped.  Thus  did 
both  parties  intrigue  for  power,  intensifying  the  difficulty,  and 
greatly  hindering  its  settlement. 


•vide  Petition  for  Change  of  Venue.  Case  People  vs.  McNamara,  District 
Court,  April,  1895. 

•Governor  Mclntyre  was  the  Republican  governor  who  succeeded  Governor 
Waite.  He  would  not  pardon  the  men  through  partisan  bias  in  their  favor. 


[58] 


PART  II 


THE  STRIKE  OF  1903-1904 


RASTALL HISTORY   OF   THE    CRIPPLE    CREEK   STRIKE         61 


CHAPTER  I 


THE    INTERVENING    PERIOD 

The  history  of  the  Cripple  Creek  District  from  1894  to  1903 
is  one  of  steady,  healthy  growth.  There  were  periods  of  in- 
flation, and  of  characteristic  boom  excitement,  followed  by  the 
usual  periods  of  depression.  The  values  of  the  mining  stocks 
fluctuated  violently  from  a  number  of  causes,  and  the  failures 
of  mining  brokers  were  frequent.  There  was  the  constant  ques- 
tion as  to  the  permanence  of  the  ore  deposits,  and  the  prophesy 
of  the  pessimists  that  Cripple  Creek  would  prove  merely  a  sur- 
face camp.  But  through  it  all  the  district  grew  in  wealth  and 
population;  the  mines  increased  their  output;  and  general  pros- 
perity was  the  portion  of  those  who  lived  within  the  mining  area. 
The  district  in  these  years  lost  many  of  its  frontier  character- 
istics, and  took  upon  itself  the  features  of  the  modern1  produc- 
tive center.  ' 

The  increase  in  the  number  of  mines  and  prospects  was  phen- 
omenal. Every  hill  for  miles  came  to  be  lined  with  roads,  dot- 
ted with  dumps  and  shaft  houses,  and  thickly  sprinkled  with 
prospect  holes-  The  vast  majority  of  these  small  mines  and 
prospects  were  finally  deserted,  but  an  occasional  one  became 
a  paying  property,  and  this  was  sufficient  to  keep  a  number  of 
men  constantly  engaged  in  developmental  work.  The  successful 
mines  were  equipped  with  the  best  modern  mining  machinery,  and 
with  various  devices  for  the  quick  extraction  and  handling  of 
ore.  Shafts  were  sunk  to  a  depth  of  nearly  1,500  feet,  and 
some  single  mines  developed  miles  of  tunnelings.1 

Three  lines  of  railroad  now  connect  the  cities  and  principal 
towns  of  the  district  with  the  outside  world,  and  their  branches 


1The  Portland  Mine  has  3  shafts  and  25  miles  of  tunnelings. 
The  Independence  has  a  1400  foot  shaft. 

[61] 


62  BULLETIN   OF  THE   UNIVERSITY  OF  WISCONSIN 

running  to  the  various  mines  form  a  close  network  over  miles  of 
territory.2  So  complete  in  fact  are  these  connections  that  it  is 
often  possible  to  count  a  dozen  lines  of  track  upon  a  single  hill- 
side. Local  trains  run1  over  the  roads  at  short  intervals,  and 
two  electric  lines  give  frequent  service  to  all  points  in  the  min- 
ing area.  It  would  be  difficult  to  find  an  industrial  section 
with  a  more  thorough  or  complete  system  of  transportation  con- 
nections. 

Numerous  small  towns  have  sprung  up  throughout  the  district, 
and  the  general  population  has  increased  to  about  50,000.  The 
cities  of  Cripple  Creek  and  Victor  have  both  had  a  consider- 
able growth,  the  former  having  a  present  population  of  about 
12,000,  and  the  latter  7,000.  The  business  sections  of  both  cit- 
ies were  razed  to  the  ground  by  destructive  fires  in  1896  and 
1899.  The  hastily  constructed  buildings  of  the  early  boom  days 
were  thus  destroyed,  and  in  their  places  have  risen  substantial 
modern  structures  of  brick  and  stone. 

In  other  respects  the  two  cities  have  kept  much  of  their  fron- 
tier appearance.  There  is  scarce  a  level  piece  of  ground  in  the 
country,  and  except  in  the  central  portions  of  the  towns,  the 
houses  straggle  over  the  hills  'with  hardly  a  semblance  of  order. 
The  buildings  are  for  the  most  part  small,  without  porches  or 
decorations,  and  weathered  to  an  appearance  often  almost  of 
unkemptness.  Not  a  tree  nor  a  lawn  is  to  be  found.3  Of  parks 
there  are  none.  The  casual  visitor  catching  his  first  glimpse 
as  his  train  swings  round  the  mountain-side,  is  likely  to  receive 
a  distinct  shock,  and  to  carry  away  later  an  impression  of  rough- 
ness, uncouthness,  and  lack  of  the  finer  activities.  But  the  cost 
of  building  material  from  the  long  shipment  across  the  moun- 
tains explains  the  small  size  of  the  houses;  the  arid  climate  and 
hot  sun  takes  almost  instantaneous  action  on  paint ;  and  the  soil 
and  altitude  make  trees  and  lawns  an  impossibility.  The  rough 
appearance  of  the  district  is  not  an  index  of  the  character  of  its 


2The  Florence  and  Cripple  Creek  Railroad.  (Narrow  Guage.)  The  Midland 
Terminal  Railway.  The  Colorado  Springs  and  Cripple  Creek  District  Railway. 

•  This  statement  Is  not  absolutely  truthful.  Two  or  three  irrepressible  citi- 
zens have  succeeded  with  infinite  care  and  attention  in  growing  lawns  of  a 
few  square  feet,  and  a  very  few  quaking  aspen  trees  have  been1  nursed  into 
some  show  of  thriving,  but  these  facts  only  emphasize  the  general  barrenness. 

[62] 


RASTALL HISTORY    OF    THE    CRIPPLE    CREEK    STRIKE 


63 


people.  Within  the  unprepossessing  exterior  are  homes  of  splen- 
did taste,  fine  in  their  furnishings,  conveniences,  and  life.  Men 
of  education  and  refinement  have  come  to  the  Cripple  Creek  Dis- 
trict, and  their  influence  is  seen  in  city  water  works,  electric 
lights,  good  schools,  hospitals,  libraries,  and  churches.  The  dis- 
trict has  kept  much  of  its  frontier  aspect  but  lost  much  of  its 
frontier  character. 

The  rough  externals  cannot  however  but  have  a  considerable 
selective  effect.  The  lover  of  the  easy,  sheltered  life  will  not 
gravitate  to  such  conditions.  It  is  the  man  to  whom  rough  sur- 
roundings are  agreeable  or  of  secondary  importance  who  will 
be  attracted,  and  this  means  in  many  respects  frontiersmen — 
the  rough,  hardy,  fearless,  independent,  restraint-hating  type  of 
manhood.  Thus  the  anomaly  in  a  very  recent  frontier  district,  of  a 
highly  developed  industrial  center,  which  has  kept  most  of  its 
frontier  aspects,  and  much  of  its  frontier  life. 

The  existence  of  the  Cripple  Creek  District  depends  almost 
entirely  upon  its  mining  industry,  and  its  prosperity  rests  upon 
the  same  source.4  No  agriculture  is  possible,  and  scarcely  any 
grazing;  the  district  depends  entirely  upon  outside  shipments 
for  its  food  supply.  The  same  is  true  of  manufacturing ;  none 
of  the  conditions  for  successful  manufacture  exist.  All  kinds 
of  products,  including  building  material,  have  to  be  shipped  in, 
and  the  ores  are  shipped  out  of  the  district  almost  entirely  for 
treatment.  Business  is  local  in  its  nature,  arising  from  the  eco- 
nomic needs  of  the  district,  and  limited  to  the  effective  demand 
for  consumption  within  the  district.  We  have  to  consider  then, 
not  a  strike  of  the  ordinary  type,  involving  merely  a  small 


The  mines  of  the  district  have  produced  gold  values  as  follows : 


1891 
1892 
1893 
1894 
1895 
1896 
1897 
1898 
1899 


$200,000 

587,310 

2,010,400 

3 , 250 , 000 

6,100,000 

8,750,000 

12,000,000 

16,000,000 

21,000,000 


1900  $22,500,000 

1901  24,986,990 

1902  24,508,311 

1903  17,630,107 

1904  21,414,080 

1905  22,307,952 


Total  production  to 

1906    $203,245,15t 


The  recorded  dividends  for  1905  were  $4,032,740.  The  profits  by  lessees 
and  close  corporations  for  the  same  period  are  estimated  at  $1,000,000,  making 
the  net  profits  from  the  mining  industry  for  1905,  about  $5,000,000. 


[63] 


64  BULLETIN   OF  THE   UNIVERSITY  OF  WISCONSIN 

class,  and  disturbing  economic  conditions  only  generally,  but 
one  that  throttled  the  whole  basic  industry,  and  disrupted  the  en- 
tire industrial  and  business  life  of  the  section  in  which  it  occur- 
red. Here  lies  the  explanation  for  much  of  the  intensity  and 
fierceness  of  the  struggle,  for  the  alignment  of  forces,  and  for 
the  bitter  class  strife  that  dominated  it. 

The  working  force  remained  almost  entirely  American.  The 
unwritten  law  of  the  metal  mining  camps  of  the  "West,  which 
does  not  allow  Italian  laborers,  was  in  force  here.  The  high 
rate  of  wages  permitted  the  employment  of  a  higher  class  of  la- 
bor than  is  usual  in  mining,  and  the  boast  was  constantly  reiter- 
ated that  Cripple  Creek  had  the  best  set  of  miners  in  the  world.5 
The  conditions  of  labor  were  also  of  the  best.  The  mines  were 
comparatively  dry  and  well  ventilated,  the  hours  short,  and 
machines  provided  to  facilitate  all  operations.  Good  car  service, 
and  the  modern  improvements  of  the  towns,  added  more  than 
the  comfort  usual  to  the  home  life  of  a  mining  area.*- 


5  The  wage  scale  for  an  eight-hour  day  in  force  after  1894  was  as  follows : 

Per  Day 

Trammers,  single-hand  miners,  firemen  and  ordinary  laborers $3.00 

Timhermen,    machine    helpers,    etc 3.30 

Machine  men   4.00 

Engineers,  foremen  and  shift  bosses,  $4.00  to 5.00 

Graduates  of  many  of  the  foremost  universities  of  the  country  are  to  be  found 
among  the  mine  workers,  and  every  year  a  number  of  the  Colorado  undergraduate 
students  spend  their  summers  in  the  Cripple  Creek  mines. 

"The  unions  of  the  Western  Federation  of  Miners  in  the  district  in  1903 
were  as  lollows: 

Free  Coinage  Miners  Union  No.  19,  Altman. 

Anaconda  Miners  Union  No.  21. 

Victor  Miners  Union  No.  32. 

Cripple  Creek  Miners  Union  No.  40. 

Independence  Engineers  Union  No.  75. 

Excelsior  Engineers  Union  No.  80,  Victor. 

Cripple  Creek  Engineers  Union  No.  82. 

Banner  Mill  &  Smeltermens  Union  No.  106,  Victor. 

Special  cars  are  run  on  the  roads  at  the  time  the  mine  shifts  change  to  take 
the  men  to  and  from  their  work.  This  enables  the  men  to  Jive  in  town  while 
working  at  considerable  distances  in  the  outskirts  of  the  district,  and  has  had  a 
considerable  influence  in  centering  so  much  of  the  life  in  Victor  and  Cripple 
Creek. 


[64] 


RASTALL, HISTORY  OF  THE  CRIPPLE  CHEEK  STRIKE    65 

THE  BACKGROUND  FOR  THE  STRIKE 

In  the  interval  from  1894  to  1903  there  were  no  labor  difficul- 
ties. The  best  of  feeling  prevailed  between  employer  and  em- 
ployed, and  a  more  prosperous,  contented,  industrial  district 
would  have  been  hard  to  find.  Certain  events  took  place,  how- 
ever, which  had  a  most  vital  influence  upon  the  second  strike, 
and  effected  powerfully  the  course  of  events.  These  were  the 
partitioning  of  El  Paso  County ;  the  espousal  of  socialism  by  the 
Western  Federation  of  Miners;  and  the  growth  of  the  unions 
in  political  power. 

In  1893  El  Paso  County,  with  Colorado  Springs  as  its  county 
seat,  included  the  Cripple  Creek  mining  area.  This  was  not 
satisfactory  to  the  citizens  of  the  area,  and  in  1899  they  suc- 
ceeded in  securing  a  separate  county  government.  The  new 
county  of  Teller  was  formed,  including  the  mining  area,  and 
gome  adjacent  territory.7  The  result  of  the  division  was  entirely 
to  change  the  political  situation  relative  to  the  strike.  In  1893 
the  control  of  the  county  rested  in  Colorado  Springs,  and  there- 
fore as  a  political  unit  the  county  was  not  in  sympathy  with 
the  mining  towns.  The  difficulty  developed  between  the  county 
authorities  and  the  miners,  with  the  state  exercising  simply  the 
balance  of  power.8  In  1903  the  mining  cities  had  their  own 
county.  The  same  political  forces  that  controlled  the  towns  con- 
trolled the  county,  and  the  district  presented  a  solid  front  which 
only  state  authority  could  oppose  or  control.  In  this  condition, 
coupled  with  the  control  of  the  county  and  state  by  strongly  op- 
posed political  forces,  can  be  found  much  of  the  explanation  of 
the  free  use  of  state  power. 

But  the  division  of  El  Paso  County  had  a  still  more  impor- 
tant result  in  giving  the  unions  the  opportunity  for  a  consider- 
able political  control.  At  the  time  the  various  towns  of  the  dis- 
trict were  formed  the  population  was  composed  largely  of  miners, 


"The  county  of  Teller  has  had  a  most  successful  history.  In  1901  it  com- 
pleted a  substantial  jail,  in  1902  a  county  hospital,  and  in  1905  a  splendid 
county  court  house  and  administration  building.  The  expense  was  met  without 
indebtedness,  and  in  spite  of  the  costliness  of  the  turbulent  times  of  1903  and 
1904  the  county  is  still  without  a  debt. 

8  See  Part  I,  pp.  40,  45-48,  56. 

5  [65] 


66  BULLETIN   OF  THE   UNIVERSITY  OF  WISCONSIN 

and  they  naturally  constituted  the  force  that  elected  mast  of  the 
local  officers.  The  unions  from  their  very  inception  followed  a 
policy  of  political  activity,  and  the  strike  of  1893  found  the 
government  of  such  newly  formed  towns  as  Altman  entirely  in 
their  hands.  With  the  formation  of  Teller  County  independent 
political  action  was  decided  upon,  and  a  Miners '  ticket  was  in  the 
field  at  the  next  election.  Defeated,  the  miners  turned  to  ally 
themselves  with  the  Democratic  party.  There  was  no  formal  ac- 
tion, but  a  quiet  readjustment  of  forces  that  was  even  more  ef- 
fective. At  every  election  the  Democratic  party  triumphed ;  mem- 
bers of  the  Federation  and  friends  of  the  Federation  went  into 
office,  and  it  was  generally  conceded  that  no  man  who  was  un- 
friendly to  the  unions  could  hope  for  election.9  By  1903  a  large 
number  of  the  local  and  county  officers  were  members  of  the 
Western  Federation  of  Miners,  and  nearly  all  were  in  entire  sym- 
pathy with  the  unions.10  This  was  especially  true  of  the  police 
officers,  a  large  majority  of  whom  were  Federation  men.  The 
unions  were  thoroughly  in  power.  Here  is  a  striking  example 
of  the  power  of  a  unified  minority  working  among  the  forces  of 
a  scattered  majority.  In  it  is  the  groundwork  for  the  bitter  con- 


•The  alignment  of  the  political  parties  at  the  various  election  was  as  fol- 
lows : 

1899.  Democratic,  Republican  and  Silver  Republican,  Populist  and  Co-opera- 

tive (the  union  ticket). 

1900.  Democratic,  Populist  and  Silver  Republican,  Republican. 

1901.  Democratic,  Republican,  Socialist. 

1902.  Democratic,  Republican,  Socialist,  Populist. 

The  strength  of  the  labor  vote  was  shown  in  the  election  of  1903,  after  the 
opening  of  the  strike,  when  the  unions  again  ran  separately,  electing  their  can- 
didate for  assessor.  The  vote  was : 

Assessor.        Coroner. 

Independent  Labor   2,227     (no  candidate) 

Republican   1,933  2,382 

Democratic 1,665  2,980 

Socialist   175  430 

10The  city  of  Victor  can  be  taken  as  a  fair  example  of  the  district  as  a  whole. 
The  miners'  union  members  who  held  offices  here  were  as  follows : 

Alderman  J.  Murphy. 

Alderman  James  J.  Tobin. 

Alderman  Hugh  Healy. 

Day  Marshal  M.   J.   O'Connell. 

Night  Marshal  Mike  Lamb. 

Most  of  the  policemen. 

Jailer  James  Printy. 

Fire  Chief  James  Printy,  Jr. 

Street  Commissioner  Simon  O'Rourke. 

[66] 


RASTALL HISTORY    OF    THE    CRIPPLE    CREEK   STRIKE         67 

troversy  between  the  county  and  the  state,  and  the  key  to  the  ex- 
planation of  many  of  the  political  features  of  the  strike. 

The  "Western  Federation  of  Miners  in  1902  announced  a  propo- 
ganda  of  socialism.  President  Boyce  upon  his  retirement  from 
office  in  that  year  made  a  speech  strongly  urging  Socialism  upon 
Federation  members. 

The  conventions  of  1902,  1903,  1904,  and  1905  passed  resolu- 
tions endorsing  the  tenets  of  Socialism,  and  recommending  inde- 
pendent political  action  upon  the  part  of  labor  organizations. 
The  utterances  of  the  official  organ  of  the  Federation,  The  Min- 
ers Magazine,  are  strongly  Socialistic  in  their  tone,  as  are  many 
of  the  speeches  of  the  union  leaders.  President  Moyer  in  his 
formal  annual  report  for  1903  said: 

"After  fully  considering  the  conditions  surrounding  us  at  this 
time,  I  believe  that  the  most  important  action  which  you  can  take 
during  this  convention  will  be  to  reaffirm  the  policy  adopted  by 
the  tenth  annual  convention.  Do  this  and  you  will  have  accom- 
plished that  which  •will  redound  to  your  credit  and  insure  such 
prosperity  for  your  organization  as  will  not  only  commend  you  to 
those  you  represent,  but  to  the  great  army  of  toilers  throughout 
the  entire  world,  who  are  anxiously  awaiting  the  message  that 
the  Western  Federation  of  Miners  will  not  pause  in  the  deter- 
mined effort  to  bring  about  such  a  change  in  our  social  and  econ- 
omic conditions  as  will  result  in  a  complete  revolution  of  the 
present  system  of  industrial  slavery.  *  *  *  * 

"John  Mitchell  need  not  be  surprised  should  his  membership 
turn  their  faces  to  the  West,  seeking  affiliation1  with  organiza- 
tions which  have  sent  out  their  message  to  the  world,  that  as  la- 
bor produces  all  wealth,  such  wealth  belongs  to  the  producer 
thereof.  That  their  mission  is  not  to  tighten  the  bonds  which 
surround  the  toiler,  but  the  emancipation  of  wage  slavery  and  the 
equality  of  man.  ******** 

' '  I  sincerely  trust  that  you  will  leave  nothing  undone  to  educate 
the  members  of  this  organization,  not  only  along  the  lines  of 
trades  unionism,  but  to  a  realization  of  their  power  to  bring 
about  a  condition  under  which  every  individual  who  labors 
shall  be  entitled  to  that  which  his  labor  produces."11 

11  Official  Proceedings,  W.  F.  H.  A.,  June,  1903,  p.  22. 

[67] 


68  BULLETIN  OF  THE  UNIVERSITY  OF   WISCONSIN 

And  again  in  1905: 

"How  much  longer  are  we  going  to  acknowledge  our  ignor- 
ance? How  much  longer  shall  we  permit  our  corporate  and 
political  masters  to  assume  the  privilege  to  do  the  thinking  for 
the  producing  class?  Knowing  the  power  that  we  still  possess 
through  the  ballot,  if  we  shall  continue  to  be  wage  and  political 
slaves,  straggling  to  better  our  condition  through  simple  trades 
unionism,  then  we  are  entitled  to  no  consideration,  and  the  time 
is  not  far  distant  when,  unless  the  working  men  and  women1 
of  this  country  awaken  to  their  strength  and  power  and  while 
they  still  have  the  right  of  franchise,  destroy  forever  a  sys- 
tem which  makes  millionaires  and  paupers,  then  they  will  be 
helpless  indeed.  *  *  *  *  * 

' '  Supplication  by  the  people  of  Russia  at  the  feet  of  their  Czar 
was  met  by  the  fire  of  musketry  of  his  soldiers.  Pleading  of 
American  labor  at  the  throne  of  capitalism  is  answered  with  the 
injunction,  the  blacklist  and  the  military  bullpen.  I  appeal  to  you, 
fellow  workers,  to  arouse  yourselves  and  while  you  still  have 
the  opportunity,  take  control  of  the  weapons  which  are  being 
used  to  deprive  you  of  your  citizenship,  and  bear  in  mind  that 
you  have  czars  in  this  boasted  land  of  the  free  that  would  be 
less  merciful  than  he  of  Russia."12 

Upon  the  title  page  of  The  Miners  Magazine  appears  every 
month  the  slogan : 

11  Labor  produces  all  wealth,  wealth  belongs  to  the  producer 
thereof." 

It  should  be  said  that  the  annual  conventions  refused  to  pass 
resolutions  of  extremely  Socialistic  nature,  always  simply  en- 
dorsing the  general  tenets  of  Socialism ;  demanding  further  eco- 
nomic education,  and  advising  the  class-conscious  use  of  the  bal- 
lot to  right  "labor's  wrongs."13  But  couple  the  extreme  utter- 


1905.  pp.  23  and  24. 
"The  resolution  of  the  June.  1005.  convention  was  as  follows  : 
"No.  113. 

"To  the  Thirteenth  Annual  Convention  of  the  Western  Federation  of  Miners  : 
"We,  your  Committee  on  Resolutions,  hereby  submit  the  following  resolution  : 
"Whereas,    Economic    evolution    and    the    oppression    of    the    capitalist    class 
through  its  ownership  of  the  means  of  production  and  exchange  have  forced  on 
the  workers  the  consciousness  of  the  necessity  of  the  abolition  of  craft  divisions 
on  the  industrial  field  and  their  alignment  as  members  of  one  general  economic 

[68] 


\ 


RASTALL HISTORY   OF   THE    CRIPPLE    CREEK   STRIKE         69 

ances  of  the  radicals,  with  the  general  misapprehension  of  So- 
cialism as  something  essentially  connected  with  revolution  and 
anarchy,  and  the  effect  upon  the  extreme  conservative  party  of 
the  state,  represented  by  Governor  Peabody,  himself  a  banker, 
can  'well  be  imagined.  The  party  which  stood  for  the  gold  stand- 
ard when  Bryan  as  the  champion  of  silver  swept  the  state,  and 
which  represented  the  large  business  and  corporate  interests 
of  the  commonwealth,  would  have  little  tolerance  for  such  "here- 
sies," and  would  lose  no  opportunity  to  root  them  out. 


organization,  based  on  the  class  struggle,  as  a  more  effective  method  of  resisting 
the  encroachment  of  the  capitalist  class ;  and, 

"Whereas,  We  believe  that  action  on  the  economic  field  alone  will  not  solve 
the  problem  of  industrial  emancipation  unless  accompanied  by  class-conscious, 
independent  political  action  at  the  ballot  box,  by  which  we  can  capture  the 
powers  of  government  and  establish  an  administration  of  the  working  class  in- 
stead of  the  present  capitalist  system  of  society.;  and, 

"Whereas,  As  an  intellectual  revolution  must  first  take  place  in  the  minds  of 
the  workers  before  they  can  intelligently  take  over  and  administer  the  industries 
and  powers  of  government  in  the  interests  of  their  class ;  therefore,  be  it 

"Resolved,  That  the  Thirteenth  Annual  Convention  of  the  Western  Federation 
of  Miners  does  hereby  re-affirm  and  endorse  the  resolutions  of  the  Tenth,  Elev- 
enth and  Twelfth  Annual  Conventions,  recommending  independent  working-class 
political  action ;  and,  be  it  further 

"Resolved,  That  we  recommend  to  all  workers  the  study  of  economics,  that 
it  may  lead  to  an  intelligent  conception  of  the  class  struggle,  of  their  interests 
as  the  wealth-producing  class  of  the  world,  and  of  the  proper  civic  expression 
of  these  convictions  at  the  ballot  box,  thus  insuring  a  peaceful  transition  from 
the  present  capitalist  mode  of  production  and  exchange,  and  its  consequent 
degradation  and  misery,  to  the  co-operative  commonwealth." 

Official  Proceedings,  Eleventh  Annual  Convention,  W.  F.  M.  A.,  1905,  pp.  343 
and  344. 

They  refused  to  pass  the  following : 
"No.  92. 
"To  the  Officers  and  Delegates  of  the  Thirteenth  Annual  Convention,   Western 

Federation  of  Miners : 

"I  hereby  submit  the  following  resolution  for  your  consideration : 
"Whereas,  The  organization  known  as  the  Western  Federation  of  Miners  has 
in  previous  conventions  declared  themselves  in  favor  of  the  Socialist  Party,  and 
in  as  much  as  this  convention  declared  themselves  in  favor  of  industrial  union- 
ism, which  is  socialism  with  its  working  clothes  on ;  therefore,  be  it 

"Resolved,  That  the  name  of  the  organization  be  changed  from  the  Western 
Federation  of  Miners  to  the  Western  Federation  of  Socialists,  and  as  the  So- 
cialists at  this  convention  claim  that  those  who  do  not  believe  in  their  principles 
are  a  burden  to  the  organization ;  therefore,  be  it 

"Resolved,  With  all  due  respect  to  the  members  of  the  organization,  that  those 
local  unions  who  do  not  believe  in  the  socialistic  principle  be  requested  to  with- 
draw from  this  organization."  p.  304. 


[69] 


70  BULLETIN  OF  THE  UNIVERSITY  OF   WISCONSIN 


THE  SITUATION  IMMEDIATELY  PRECEDING  THE  STRIKE 


unions  were  for  some  time  in  a  position  of  very  great 
power  which,  they  were  not  careful  to  wield  either  with  justice 
or  consideration.  The  most  extreme  case  of  this  condition  was 
to  be  found  in  the  courts.  It  became  almost  impossible  to  convict 
a  union  man  of  any  offense.  The  judges  conducted  trials  with 
absolute  impartiality,  and  the  public  attorneys  prosecuted  with 
vigor,  but  juries  could  not  be  secured  that  would  bring  in  ver- 
dicts of  guilty.  The  defense  of  a  union  man  might  consist 
almost  entirely  in  showing  his  union  record,  and  man  after  man1 
of  whose  guilt  there  was  the  strongest  evidence  went  scot  free.14 

The  movement  to  bring  non-union  men  into  the  unions  was 
always  strong,  and  at  times  became  violent.  On  August  6th, 
1901  the  following  notice  was  posted  at  many  of  the  mines: 

"Take  notice,  that  on  and  after  September  15,  1901,  anyone 
working  in  and  around  the  mines,  mills,  or  power  plants  of  the 
Cripple  Creek  District,  who  cannot  show  a  card  of  membership 
in1  good  standing  in  some  local  union  of  the  Western  Federation  of 
Miners,  will  be  considered  a  scab  and  an  enemy  to  us,  himself, 
and  the  community  at  large,  and  will  be  treated  as  such.  By 
order  of  the  Cripple  Creek  Executive  Board  of  the  Western  Fed- 
eration of  Miners. 

"JOHN  CURRY,  President." 

This  was  followed  on  September  9th  by  the  following: 
*  '  You  have  no  doubt  read  and  thought  about  our  circular  which 
was  posted  pretty  thoroughly  throughout  this  district  about  five 
weeks  ago.  This  notice  is  issued  for  the  purpose  of  reminding 
you  that  the  15th  of  September  is  near  at  hand;  that  the  time 
of  grace  has  about  expired.  You  have  had  two  pay  days  in 
which  to  decide  whether  you  are  for  us  or  against  us  —  there  is 
no  middle  ground.  While  a  majority  of  the  men  working  in  and 
around  the  mines,  mills,  and  power  plants  have  responded  to 
the  call,  there  are  still  some  outside  our  ranks.  To  these  this 


"Judges  of  the  district,  men  who  have  maintained  a  most  praiseworthy  at- 
titude of  fairness  and  impartiality  through  all  the  bitterness  and  party  strife 
of  the  strike,  recount  case  after  case  such  as  the  above. 

[70] 


RASTALL HISTORY    OF    THE    CRIPPLE    CREEK   STRIKE 

notice  is  addressed.  If  you  are  working  in  or  around  the  mines, 
mills,  or  power  plants  of  this  district,  THIS  MEANS  YOU.  Now, 
don't  throw  this  to  one  side  and  say,  'Only  another  bluff.'  If 
you  are  'from  Missouri'  come  into  some  of  the  unions  of  the 
Western  Federation  of  Miners  and  we'll  'show'  you  that  we 
are  trying  to  help  you  as  well  as  ourselves,  and  as  the  15th  is 
only  about  six  days  away,  'YOU'LL  HAVE  TO  HURRY.' 

"The  Cripple  Creek  District  Executive  Board  of  the  Western 
Federation  of  Miners. 

"By  JOHN  CURRY,  President." 

Other  notices  of  like  tenor  were  posted  at  various  times. 
There  were  threats  and  intimidations,  and  some  actual  vio- 
lence. Occasionally  men  were  frightened  or  driven  from  the 
district.15  It  must  not  be  supposed,  however,  that  the  conditions 
were  such  that  life  in  the  camp  became  generally  untenable  for 
non-union  men.  In  many  of  the  mines  union  and  non-union 
men  worked  side  by  side,  and  an  occasional  mine  worked  with 
non-union  men  entirely. 

During  this  time  also  the  unions  gradually  developed  a  danger- 
ous condition  of  minority  rule.  The  large  conservative  member- 
ship began  to  remain  away  from  the  business  meetings,  and  to 
take  small  interest  in  the  routine  of  the  conduct  of  affairs.  The 
radicals  came  into  undue  power,  and  moderate  men  were  at 
times  hissed  from  their  feet  when  they  attempted  to  speak.  It 
came  about  that  extremists  were  elected  to  office,16  men  entirely 
unfit  for  such. positions,  who  did  not  at  all  represent  the  better 
class  of  the  membership.  By  the  constitution  of  the  Federation 
a  strike  could  be  called  only  by  a  three-fourths  vote  of  the  mem- 
bership of  every  union  concerned.17  Hardly  had  the  difficulty 


18  In  July,  1903,  five  Austrians  arrived  in  Victor  from  Butte,  Montana.  They 
were  taken  for  Italians,  and  were  escorted  from  the  city  by  several  union 
miners  under  the  plea  of  finding  them  work  on  the  railroad.  Arriving  at  Holly- 
wood they  were  told  to  keep  on  going  and  not  come  back,  and  after  they  had 
gone  some  distance  a  volley  of  revolver  shots  was  fired  into  the  air. 

J«Au  extreme  case  is  that  of  C.  G.  Kennison,  President  of  the  Cripple  Creek 
Union,  and  an  influential  member  of  the  District  Council.  Men  who  knew  Ken- 
nison well,  and  whose  sympathies  were  decidedly  with  the  unions,  speak  of  him 
as  "a  rabid,  crazy  fool,  devoid  of  understanding  and  common  sense." 

17  Article  5.  Section  1.  It  shall  be  unlawful  for  any  union1  to  enter  upon 
a  strike  unless  ordered  by  three-fourths  of  its  resident  members  in  good  standing 

[71] 


72  BULLETIN  OF  THE  UNIVERSITY   OF   WISCONSIN 

loomed  upon  the  horizon  however,  when  the  unions  voted  the 
power  entirely  into  the  hands  of  the  District  Council,  a  general 
committee  of  thirteen  composed  mostly  of  officers  of  the  local  un- 
ions.18 The  meetings  which  took  this  action  were  not  largely  at- 
tended. Many  of  the  men  did  not  know  that  they  had  lost  the 
referendum,  and  more  of  them  regretted  it  when  it  was  too  late. 


Thus  there  came  the  formation  of  a  Little  Mining  Monarchy, 
shut  off  from  the  rest  of  the  world  by  a  high  mountain  range, 
strongly  differentiated  by  its  great  altitude  and  arid  climate, 
without  agriculture  or  manufactures,  its  industrial  life  centered 
in  mining:  with  its  own  separate  political  organization,  the 
power  in  the  hands  of  the  miners,  the  unions  controlled  by  a 
minority,  the  strike  power  in  the  hands  of  a  clique.  The  powder 
train  lies  ready  for  the  spark. 


voting.  Such  questions  shall  be  decided  by  a  secret  ballot  at  a  special  meeting 
called  for  the  purpose,  after  having  received  the  approval  of  the  executive  board 
of  the  "Western  Federation  of  Miners.  *  *  * 

18  This  was  of  course  unconstitutional,  and  had  they  seen  that  fact  the  miners 
mfght  later  have  made  use  of  it. 


[73] 


BASTALL HISTORY  OF  THE  CRIPPLE  CREEK  STRIKE 


CHAPTER  II 

THE  COLORADO  CITY  STRIKE 

Smelters  and  reduction  plants  are  located  in  Colorado  at  vari- 
ous centers  of  population  throughout  the  state.  The  great  bulk 
of  the  Cripple  Creek  ores  leave  the  district  to  go  to  these  places 
for  reduction.  Four  plants  which  handle  a  considerable  part  of 
the  shipments  are  located  at  Colorado  City, — the  Telluride  Mill, 
the  Portland  Mill  which  handles  only  the  ores  of  the  Portland 
mine,  and  the  Standard  and  Colorado  Mills,  both  owned  by  the 
Colorado  Reduction  and  Refining  Company.1 

The  Western  Federation  of  Miners  was  organized  with  the 
intention  of  including  all  trades  closely  allied  to  the  mining  in- 
dustry, and  in  that  idea  included  mill  and  smeltermen.  No  at- 
tempt was  made  to  organize  the  Colorado  mills  however  until 
1902,  when  a  general  movement  was  inaugurated  to  form  unions 
in  all  the  smelters  of  the  state.  The  movement  was  unsuccessful 
except  at  Colorado  City,  where  Mill  and  Smeltermens '  Union1  No. 
125  was  formed  in  the  month  of  August.2 

At  Colorado  City  the  union  was  met  from  the  start  by  the 
opposition  of  the  mill  managers.  It  was  claimed  by  the  union, 
and  later  practically  admitted,  that  men  were  discharged 
simply  for  joining  the  union,  and  that  as  fast  as  their  names 
became  known  they  (were  being  dropped.3  A.  K.  Crane, 
who  had  become  rather  influential  in  the  union,  was  accused 
of  acting  the  spy,  and  reporting  the  names  of  new  mem- 
bers to  the  company.  He  was  expelled  from  the  union,  and  later 
compelled  to  leave  the  city.  Becoming  thoroughly  angered,  the 


aThe  Standard  and  Colorado  Mills  are  built  closely  adjoining  and  are  run 
under  one  management.  It  is  necessary  in  various  places  to  speak  of  them 
separately,  but  their  close  connection  should  be  kept  in  mind. 

2  Organized  Au<g.  12,  1902,  by  Member  of  the  Executive  Board,  Copeley.  Offi- 
cial Proceedings,  1903,  p.  26. 

8  Official  Proceedings,  W.  F.  M.  A.,  1903,  p.  116.     Report  of  D.  C.  Copeley. 

[73] 


74  BULLETIN  OF  THE  UNIVERSITY  OF   WISCONSIN" 

union  determined  to  make  a  formal  protest  against  the  discrimi- 
nation, and  to  back  it  up  if  necessary  by  a  strike.4  The  oppor- 
tunity was  also  to  be  taken  to  demand  the  wage  scale  in  force  in 
the  smelters  of  the  mountain  towns.  This  would  mean  an  in- 
crease in  the  minimum  wage  from  $1.80  to  $2.25,  and  slight  in- 
creases in  the  pay  of  men  earning  between  $2.00  and  $3.00  per 
day.  The  men  earning  $3.00  and  more  would  not  be  affected.  A 
protest  was  also  to  be  made  against  the  deduction  from  wages 
of  $1.50  per  month  to  cover  insurance  and  doctor's  fees. 

The  committee  made  its  call  at  the  offices  of  the  Standard  and 
Colorado  plants  on  February  14th.  Manager  MacNeil  asked  if 
any  member  of  the  committee  was  in  the  employ  of  the  Colorado 
Reduction  and  Refining  Company,  and  upon  the  answer  being 
negative  refused  to  meet  the  committee,  or  receive  any  kind  of  a 
statement  from  it.  The  committee  returned  to  the  union  head- 
quarters, and  a  strike  was  called  at  the  Standard  Mill.  Two  weeks 
later  written  demands  were  presented  to  the  managers  of  the 
Portland  and  Telluride  Mills  for  an  increased  schedule  of  wages. 
The  demand  was  refused,  and  strikes  were  called  in  these  plants 
also. 

The  opposition  of  the  management  had  been  of  sufficient 
weight  to  prevent  the  union  from  becoming  strong  in  the  plants 
of  the  Colorado  Reduction  and  Refining  Company.  Of  the  212 
men  employed  at  the  Standard  mill  only  46  were  union  men 
at  the  call  of  the  strike.  Thirty-six  non-union  men  went  out 
with  them,  making  the  total  number  on  strike  about  80.  Some 
of  the  non-union  men  informed  the  management  that  they  left 
their  positions  through  fear  of  violence,  threats  of  which  had 
been  made  to  them.  The  Colorado  Mill  had  shut  down  on 
February  1st  on  account  of  lack  of  ore,  and  was  still  idle  on 
February  14th.  The  strike  accordingly  did  not  affect  it,  and 
from  its  idle  ranks  the  Standard  Mill  was  able  to  draw  work- 
men to  fill  some  of  the  vacant  places. 


*  The  eight-hour  question  was  not  an  element  in  the  strike  at  Colorado  City.  The 
working  day  in  the  Colorado  City  Plants  had  for  several  years  been  eight  hours, 
with  the  exception  only  of  the  sampling  departments,  where  the  day  was  ten 
hours.  Nor  was  the  formation  of  the  union  here  a  part  of  the  general  move- 
ment inaugurated  by  the  Western  Federation  of  Miners  to  force  the  eight-hour  day 
which  they  had  failed  to  secure  by  legislation.  The  Colorado  City  Union  No. 

[74] 


RASTALL HISTORY    OF    THE    CRIPPLE    CREEK    STRIKE 

At  the  Portland  and  Telluride  Mills  the  organization  had 
been  more  thorough.  The  Portland  succeeded  in  keeping 
enough  men  to  run,  however,  and  continued  with  a  greatly  re- 
duced force.  The  Telluride  made  no  attempt  to  continue,  but 
utilized  the  temporary  shutdown  to  carry  on  some  constructive 
and  repair  work. 

Sheriff  Gilbert  of  El  Paso  County  swore  in  deputies  to  the 
final  number  of  65  to  protect  the  property  of  the  mills.  No 
one  was  allowed  to  enter  any  of  them  without  a  written  permit 
from  the  sheriff  or  the  mill  manager.  Manager  MacNeill  him- 
self received  a  deputy's  commission.  For  a  few  days  until 
the  county  could  arrange  for  it,  the  deputies  were  paid  by  the 
mill  managers,  and  a  number  of  them  continued  to  be  so  paid. 
The  strikers  established  a  complete  line  of  pickets  around  each 
of  the  mills.  Tents  and  other  paraphernalia  of  camping  were 
provided,  and  day  or  night  no  one  entered  the  mills  without 
having  been  seen. 

A  workman's  picket  never  partakes  of  the  nature  of  a  parlor 
game,  nor  are  the  men  who  can  be  picked  up  at  short  notice 
to  become  deputy  sheriffs  likely  to  be  of  a  class  especially  fitted 
to  shine  in  polite  society.  There  was  constant  friction  between 
the  pickets  and  deputies;  several  cases  of  disorder  occurred; 
and  there  were  charges  of  brutality  on  the  part  of  the  deputies 
toward  the  pickets,  and  charges  of  violence  on  the  part  of  the 
pickets  toward  non-union  workmen,  both  of  which  had  more  or 
less  foundation  in  fact. 

Manager  MacNeill  was  dissatisfied  with  the  insufficient  pro- 
tection and  control  of  the  situation  afforded  him  by  the  pres- 
ence of  the  deputies,  and  desired  state  troops  to  enable  him  to 
curb  more  effectively  the  activities  of  the  strikers.  He  accord- 
ingly made  a  demand  upon  Governor  Peabody  for  troops,  but 
was  refused.  Mr.  MacNeill  was  able,  however,  to  bring  the 
influence  of  certain  powerful  forces  in  the  state  to  bear  upon 
the  governor,  and  having  done  so,  he  proceeded  to  Denver  on 
March  3rd  in  his  capacity  as  deputy  sheriff,  armed  with  a  for- 
mal declaration  of  the  existence  of  a  mob  from  the  sheriff  of 


125  was  formed  in  July,  1902,  and  the  legislature  which  failed  to  pass  the  law 
met  In  January,  1903,  and  was  in  session  during  the  first  strike  at  Colorado  City. 

[75] 


76  BULLETIN  OF  THE  UNIVERSITY   OF   WISCONSIN 

the  county.5     As  the  result  of  the  conference  several  of  the 
Denver  militia  companies  were  ordered  to  Colorado  City.6 

There  was  no  apparent  necessity  for  the  presence  of  troops 
at  Colorado  City  at  this  time.  A  mob  could  not  be  said  to 
exist  in  any  ordinary  sense  of  the  term.  Colorado  City  was 
quiet  except  for  occasional  street  brawls,  which  are  common 
enough  there  at  any  time.  No  destruction  of  property  had  oc- 
curred, and  65  deputies  would  seem  an  ample  number  to  fur- 
nish protection  for  4  mills.  The  mayor  of  the  city,  the  chief 


8  Sheriff  Gilbert's  communication  was  as  follows : 

"I  hand  you  herewith  a  communication  from  the  Portland  Gold  Mining  Com- 
pany, operating  a  reduction  plant  in  Colorado  City,  and  from  the  United  States 
Reduction  and  Refining  Company,  from  which  I  have  received  requests  for  pro- 
tection. I  have  received  like  request 3  from  the  Telluride  Reduction  Company. 
It  has  been  brought  to  my  attention  that  men  have  been  severely  beaten,  and 
there  is  grave  danger  of  destruction  of  property.  I  accordingly  notify  you  of 
the  existence  of  a  mob,  and  armed  bodies  of  men  are  patrollinig  this  territory, 
from  which  there  is  danger  of  commission  of  felony." 

For  the  testimony  of  the  sheriff  later  before  a  special  commission,  see  Official 
Proceedings,  W.  F.  M.  A.,  pp.  155-159. 

Q.  "Well,  you  have  testified  that  you  commanded  no  set  of  men  to  disperse. 
You  have  testified  that  you  had  no  warrant  for  any  of  these  men  or  that  they 
resisted  arrest,  and  yet  you  went  to  the  governor  and  told  him  that  you  couJd 
not  control  the  situation  here?"  A.  "I  went  to  the  governor  and  told  him 
that  I  was — it  either  meant  to  have  men  killed  there  controlling  the  situation 
or  that  we  must  get  men  enough  here  to  handle  the  situation  without  killing 
anybody."  From  testimony  before  Advisory  Board. 

«  "Denver,  Colorado,  March  3,  1903. 
"Executive  Order: 

"It  being  made  to  appear  to  me  by  the  sheriff  of  El  Paso  county  and  other  good 
and  reputable  citizens  of  the  town  of  Colorado  City,  and  of  that  vicinity  in 
said  county,  that  there  is  a  tumult  threatened,  and  that  a  body  of  men  acting 
together,  by  force  with  attempt  to  commit  felonies,  and  to  offer  violence  to 
persons  and  property  in  the  town  of  Colorado  City  and  that  vicinity,  and  by 
force  and  violence  to  break  and  resist  the  laws  of  the  State,  and  that  the  sher- 
iff of  El  Paso  county  is  unable  to  preserve  and  maintain  order  and  secure 
obedience  to  the  laws  and  protect  life  and  property,  and  secure  the  citizens 
of  the  State  in  their  rights,  privileges  and  safety  under  the  Constitution  and 
laws  of  the  State,  in  such  cases  made  and  provided; 

"I  therefore  direct  you,  in  pursuance  of  the  power  and  authority  vested  in 
me  by  the  Constitution  and  the  laws  of  the  State,  to  direct  the  brigadier  gen- 
eral commanding  the  National  Guard  of  the  State  of  Colorado  to  forthwith 
order  out  such  troops,  to  immediately  report  to  the  sheriff  of  El  Paso  county, 
as  in  the  judgment  of  the  brigadier  general  may  be  necessary  to  properly  as- 
sist the  sheriff  of  that  county  in  the  enforcement  of  the  laws  and  Constitution 
of  this  State,  and  in  maintaining  peace  and  order. 

"Given  under  my  hand  and  executive  seal  this  third  day  of  March,  A.  D. 
1903. 

"JAMES  H.  PBABODY, 

"Governor." 

"To  the  Adjutant  General,  State  of  Colorado." 

[76] 


RASTALL HISTORY    OF    THE    CHLPPLE    CKEEK    STEIKE         77 

of  police,  and  the  city  attorney  united  in  a  protest  against  the 
presence  of  troops.7  Business  men  protested  generally.  A 
petition  protest  was  circulated,  received  600  signatures,  and  was 
immediately  presented  to  the  state  legislature.8  There  is  every 
reason  tc  suppose  that  the  governor  acted  under  stress  in  the 
matter,  and  contrary  to  his  own  personal  judgment. 

On  the  evening  of  March  3rd,  125  members  of  the  National 
Guard,  of  whom  25  were  officers,  left  Denver  for  Colorado  City. 
With  them  were  two  gatling  guns,  25  horses,  and  the  various 
equipment  for  field  service.9  Arriving  at  Colorado  City  they 
went  into  camp.  Next  morning  lines  of  men  were  thrown 
around  the  mills;  the  union  pickets  were  forced  to  disperse; 
and  their  camps  were  removed.10  The  militiamen  were  very 
vigorous  in  their  actions.  The  streets  of  Colorado  City  were 
guarded  at  various  times ;  the  uriion  hall  was  put  under  surveil- 
lance; and  the  homes  of  suspected  union,,  men  searched.11  The 
union's  officers  were  loud  in  their  denunciation  of  the  activity 
of  the  militia.  Within  ten  days  civil  suits  had  been  entered 


7  GOVERNOR  PEABODY — It  is   understood  that  the  militia  has  been  ordered  to 
our  town.     For  what  purpose  we  do  not  know,  as  there  is  no  disturbance  here 
of  any  kind.     There  has  been  no  disturbance  more  than  a  few  occasional  brawls, 
since  the  strike  began,  and  we  respectfully  protest  against  an  army  being  placed 
in  our  midst.     A  delegation  of  business  men  will  call  upon  you  tomorrow,  with 
a  formal  protest  of  the  citizens  of  the  city. 

(Signed)      J.  T.  FAULKNER,  Mayor. 

GEORGE  G.  BIRDSALL,  Chief  of  Police. 
JOHN  McCOACH,   City  Attorney. 

Chief  of  Police  George  G.  Birdsall,  of  Colorado  City,  in  an  interview  the  fol- 
lowing day  after  the  arrival  of  the  troops,  said  : 

"I  have  talked  with  a  number  of  people  during  the  afternoon,  and  they  are  all 
exceedingly  indignant  at  the  thought  of  having  the  militia  come  among  us.  If 
some  trouble  had  arisen  which  we  experienced  difficulty  in  handlinig,  then  there 
might  have  been  some  cause  for  sending  soldiers  over  here,  but  nothing  of  the 
kind  has  taken  place.  The  assaults  have  been  mainly  fist  fights,  which  are  apt 
to  take  place  at  any  time.  I  do  not  know  of  a  place  where  a  gun  play  has  been 
made  within  my  jurisdiction.  If  I  could  foresee  that  men  involved  in  this  labor 
trouble  here  would  resort  to  the  use  of  weapons,  I  might  become  scared  myself, 
but  the  boys  have  never  appeared  to  take  that  course,  nor  do  I  believe  that  they 
will  countenance  such  methods  in  trying  to  win  their  flight.  They  know,  as  well 
as  all  good  citizens,  that  they  must  have  the  public  behind  them,  and  I  am  suns 
that  they  do  not  care  to  employ  force  to  win  their  victory." 

8  This  petition  was  put  into  the  hands  of  the  officials  of  the  union  and  circu- 
lated to  them.     See  Official  Proceedings,  W.  F.  M.  A.,  1903,  p.  118. 

» Bureau  of  Labor  Statistics  Report,  1903-1904,  p.  55. 
10The  union  later  established  some  pickets  outside  the  lines  of  troops. 
11  For    detailed    statement    of    orders,    movements,    etc.,    see    Adjutant-Gen'eral 
Biennial  Report,  1903-4,  pp.  10  and  11. 

[77] 


78  BULLETIN  OF  THE  UNIVERSITY  OF  WISCONSIN 

against  the  militia  officers  charging  them  with  the  arrest,  de- 
tention, and  imprisonment  of  citizens  pursuing  lawful  voca- 
tions, the  searching  of  citizens  upon  the  public  highways,  the  en- 
trance of  the  homes  of  citizens,  and  the  seizure  and  retention  of 
the  goods  and  chattels  of  citizens. 

PARTIAL  SETTLEMENT  BY  ARBITRATION 

The  Federation  countered  the  militia  movement  by  request- 
ing the  mine  owners  in  the  Cripple  Creek  District  to  cease  ship- 
ments of  ore  to  the  Colorado  City  Mills.  It  was  understood  that 
the  men  in  the  mines  would  be  called  out  if  the  request  were 
not  complied  with.  The  Mine  Owners'  Association  in  a  meeting 
held  March  5th,  refused. 

The  citizens  of  the  Cripple  Creek  District,  roused  to  the 
danger  of  the  situation,  now  entered  the  field.  Mass  meetings 
at  Cripple  Creek  and  Victor  passed  resolutions  urging  that  the 
difficulty  be  submitted  to  arbitration.  An  appeal  was  submitted 
by  the  business  men  of  Victor  to  the  District  Council  of  the 
Federation,  asking  "that  action  of  all  kinds  in  the  matter  of 
the  impending  labor  difficulties"  be  deferred  for  one  week  to 
give  opportunity  for  "an  amicable  settlement  of  existing  con- 
ditions." The  appeal  was  granted  immediately  upon  its  pres- 
entation, and  the  district  and  general  officers  took  advantage 
of  the  occasion  to  declare  publicly  their  entire  willingness  to 
submit  the  matters  in  dispute  to  arbitration.12 

On  March  9th  the  state  legislature  adopted  a  joint  resolution 
demanding  that  the  parties  in  the  controversy  submit  their 
claims  to  arbitration.  Two  days  later  the  governor  made  a 
personal  investigation.  The  day  was  spent  in  interviews  with 
the  officials  of  Colorado  City,  the  union  officers,  and  in  visits  to 
the  mills  where  the  governor  talked  with  the  men  still  at  work. 
In  the  evening  a  public  reception  was  given  in  the  Antlers 
Hotel,  Colorado  Springs.  Returning  to  Denver  the  governor 
announced  that  he  did  not  feel  justified  in  recalling  the  militia. 


12  See  interviews  of  President  Moyer  and  Secretary  Hayward  in  Colorado  papers, 
March  9,  1903. 

[78] 


RASTALL HISTORY    OF    THE    CRIPPLE    CEEEK    STRIKE         79 

At  the  same  time  he  issued  invitations  to  the  officers  of  the 
Federation,  and  to  the  mill  managers,  to  meet  with  their  coun- 
cil in  his  office,  to  confer  relative  to  adjusting  the  matters  at 
issue. 

The  invitation  was  accepted,  and  the  conference  met  at  2 
p.  m.  March  14th.  The  negotiations  did  not  proceed  to  suit- 
Manager  MacNeill.  He  was  unwilling  to  join  the  other  mana- 
gers in  making  concessions  for  the  settlement  of  the  strike,  and 
declaring  that  they  were  violating  an  agreement  among  them- 
selves he  withdrew  with  his  attorney  early  in  the  evening.18 
The  conference  between  the  other  parties  continued,  and  after 
an  all-night  session  terms  of  settlement  were  agreed  upon. 
The  agreement  with  the  Portland  Mill  was  as  follows: 

" First:  That  eight  hours  shall  constitute  a  day's  work  in 
and  around  the  mills,  with  the  exception  of  the  sampling  de- 
partment, which  may  extend  to  ten  hours. 

"Second:  That  in  the  employment  of  men  by  this  company 
there  shall  be  no  discrimination  between  union  and  non-union: 
labor,  and  that  no  person  shall  be  discharged  by  reason  of 
membership  in  any  labor  organization. 

"Third:  That  all  men  now  on  strike  shall  be  reinstated  with- 
in twenty  (20)  days  from  Monday,  the  16th  day  of  March,  A. 
D.  1903,  who  shall  have  made  application  for  work  within  five 
days  from  this  date. 

"Fourth:  That  the  management  of  the  Portland  Gold  Min- 
ing Company  will  confer  with  any  committee  of  the  Colorado 
City  Mill  and  Smeltermen's  Union,  No.  125,  at  any  time  within 
twenty  (20)  days,  upon  a  subject  of  a  scale  of  prices. 

"Dated  at  Denver,  Colo.,  this  14th  day  of  March,  A.  D.  1903. 

"FRANK  G.  PECK, 

"For  the  Portland  Gold  Mining  Company. 

"CHARLES  MOYER, 
For  Mill  and  Smeltermen's  Union." 


13  Special  Report^  United  States  Commissioner  or  Labor,  "Labor  Disturbances 
in  the  State  of  Colorado,"  p.  119. 

Mr.  MacNelll's  attorney  (Judge  Babbitt  of  Colorado  Springs)  has  explained 
that  before  going  to  the  Denver  conference  the  mill  managers  came  to  an  agree- 
ment upon  conditions  for  which  they  were  to  stand  absolutely.  It  was  when 
the  other  managers  began  to  weaken  and  to  recede  from  these  conditions  that 
Mr.  MacNeill  left  the  conference. 

[79] 


80  BULLETIN  OF  THE  UNIVERSITY  OF  WISCONSIN 

The  agreement  with  the  Telluride  Mill  was  the  same,  except 
that  as  the  mill  was  undergoing  construction  and  repair  work 
and  could  not  be  opened  immediately,  the  management  simply 
bound  itself  to  reinstate  its  old  employees  upon  the  resumption 
of  operations.14 

The  first  clause  fixed  the  hours  of  labor  exactly  as  they  were 
before  the  strike.  The  second  clause  was  merely  a  formal  state- 
ment of  the  open  shop  principle,  which  existed  previously,  in 
appearance  at  least.  The  third  clause  protected  the  men  from 
punishment  for  having  been  strikers,  and  the  fourth  agreed  to 
a  further  conference  on  the  wage  question.  The  union  had 
gained  its  recognition,  but  not  the  advanced  wage  scale.15 

On  the  further  invitation  of  the  governor,  Manager  Mac- 
Neill  met  with  President  Moyer  and  Secretary  Haywood  of  the 
Federation  for  a  second  conference.  He  would  however  make 
no  concessions.  He  refused  to  recognize  the  union,  or  to  confer 
with  a  committee  in  any  way  relative  to  a  change  in  wages.  No 
agreement  should  be  made  to  reinstate  the  men,  nor  a  single 
laborer  lose  his  position  to  give  work  to  a  striker.  He  would 
only  agree  not  to  discriminate  against  federation  men1  when 
in  the  future  he  should  have  need  of  additional  workmen.16 

As  the  result  of  the  conferences  the  strikes  were  called  off  at 
the  Portland  and  Telluride  Mills,  but  continued  at  the  Standard. 
The  governor  agreed  to  the  withdrawal  of  the  militia,  and  the 
Federation  to  the  withdrawal  of  the  suits  that  had  been  entered 
against  the  militia  officers. 

It  is  greatly  to  be  regretted  that  Manager  MacNeill  insisted 
upon  taking  such  an  uncompromising  attitude  through  the  ne- 
gotiations. If  the  series  of  events  which  were  taking  place  at 
this  time  could  have  been  stopped  at  any  point  the  whole  un- 
fortunate aftermath  at  Cripple  Creek  might  have  been  avoided. 
The  union  was  acting  in  a  conciliatory  spirit,  and  had  shown  its 
willingness  to  come  more  than  half  way;  the  other  managers 
had  come  to  a  satisfactory  agreement,  and  any  other  attitude 


"For  detailed  statement  see  Ninth  Biennial  Report,  Bureau  of  Labor  Statis- 
tics, Colorado,  pp.  57  and  58. 

15  In  the  later  conference  the  Portland  and  Telluride  Mills  agreed  to  the  sched- 
ule asked  for  by  the  union. 

18 Special  Report,  United  States  Commissioner  of  Labor,  p.  119. 

[80] 


BASTALL HISTORY    OF   THE    CRIPPLE    CREEK   STRIKE         81 

than  that  of  laying  down  his  own  terms,  and  standing  inflexibly 
upon  them  in  a  take  them  or  leave  them  spirit,  must  have  re- 
sulted in  a  settlement. 

TEMPORARY  STRIKE  AT  CRIPPLE  CREEK 

On  March  16th,  the  week  during  which  a  stay  of  proceedings 
had  been  granted  was  ended,  and  the  Cripple  Creek  District 
Union  made  a  formal  demand  upon  the  mines  furnishing  ore 
to  the  plants  of  the  Colorado  Reduction  and  Refining  Company 
to  cease  their  shipments.  The  Victor  Business  Men's  Commit- 
tee made  a  last  effort  to  get  President  Moyer  and  Manager  Mae- 
Neill  together  in  a  settlement,  but  were  unsuccessful.  The  mine 
owners  took  no  action,  and  on  March  17th,  a  strike  was  called 
upon  all  the  mines  furnishing  ores  to  plants  of  the  Colorado 
Reduction  and  Refining  Company  at  Colorado  City  and  Flor- 
ence.17 The  strike  affected  the  Independence,  Vindicator,  Ajax, 
Independence  Consolidated,  Mary  McKinney,  Isabella,  Strong, 
Findley,  Mountain  Beauty,  Elkton,  Granite,  Gold  King,  Thomp- 
son, and  Blanche  mines,  which  were  operating  on  the  open  shop 
principle  and  employed  about  750  union  men.  The  operators 
of  the  Vindicator  and  Mary  McKinney  mines  agreed  not  to  ship 
to  the  Colorado  Reduction  and  Refining  Company,  and  were 
allowed  to  continue. 

The  miners  were  not  generally  in  favor  of  the  strike.  They 
had  no  grievance  of  their  own,  and  could  not  see  the  logic  of 
leaving  their  positions  to  help  a  few  mill  men  in  Colorado  City. 
If  the  constitution  of  the  Federation  had  been  fully  carried  out 
and  the  question  submitted  to  referendum  vote  in  each  local 


"The  strike  at  Cripple  Creek  was  called  by  the  District  Council  upon  the 
formal  request  of  President  Moyer.  See  President's  Report  in  the  Convention 
Proceedings  of  1903,  p.  28: — "On  March  16,  after  conferring  with  your  Secre- 
tary-Treasurer and  Member  of  the  Board  Copeley,  we  decided  to  request  District 
Union  No.  1  to  notify  all  men  working  on  properties  supplying  ore  to  the  Stand- 
ard Mill  in  Colorado  City  to  discontinue  work."  Such  a  request  amounted  prac- 
tically to  a  demand.  (See  same,  p.  23.)  Thus,  while  the  responsibility  was 
technically  thrown  upon  the  District  Council,  the  General  Executive  Board  was 
the  real  power  behind  the  act.  But  see  also  Convention  Proceedings,  1903,  p.  118. 
Also,  resolution,  same,  p.  248.  "6.  We  commend  the  President  for  his  prompt- 
ness in  calling  out  the  miners  of  the  Cripple  Creek  district  to  aid  the  striking 
millmen  at  Colorado  City." 

6  [81] 


82  BULLETIN  OF  THE  UNIVERSITY  OF   WISCONSIN 

union  there  is  small  likelihood  that  the  men  could  have  been 
induced  to  vote  the  strike.18  Most  of  the  mines  concerned  were 
under  contract  to  furnish  their  ores  to  the  Colorado  Reduction 
and  Refining  Company.19  They  could  not  accede  to  the  demand 
of  the  union  without  making  themselves  liable  to  heavy  damage 
suits,  and  hence  the  strike  was  called  against  them  with  their 
hands  tied. 

The  call  of  the  strike  at  Cripple  Creek  did  not  discourage 
those  who  were  'working  for  a  peaceful  settlement  of  the  diffi- 
culty, but  rather  induced  them  to  redouble  their  efforts.  The 
business  men  of  Cripple  Creek  and  Victor  continued  their 
vigorous  campaign.  Governor  Peabody  on  March  19th,  issued 
a  proclamation,  and  appointed  a  special  advisory  board  to  in- 
quire into  the  labor  difficulties,  and  to  come  to  some  conclusion 
if  possible  in  the  matter.  As  named  by  the  governor  the  mem- 
bership of  the  board  consisted  as  follows:  President  Wm.  F. 
Slocum  of  Colorado  College,  Colorado  Springs;  Hon.  Chas.  D. 
Hayt20  of  Denver;  Rev.  Thomas  A.  Uzzell21  of  Denver;  Hon. 
Frank  "W.  Frewen22  of  Cripple  Creek;  and  Father  Joseph  P. 
Carrigan23  of  Denver.  President  Slocum  was  unable  to  serve 
on  account  of  pressure  of  work,  and  his  place  was  not  filled. 

The  board  convened  in  Denver  March  21st,  and  held  sessions 
for  several  days,  taking  testimony  from  the  federation  and  mill 
officials,  and  others.  On  the  25th  it  met  in  Colorado  Springs 


18  It  should  be  safd  that  this  conclusion  differs  from  that  of  Walter  B.  Palmer, 
who  conducted  the  investigation  for  the  Labor  Department  of  the  United  States 
Government,  and  also  from  that  of  W.  H.  Montgomery,  the  Deputy  State  Com- 
missioner of  Labor,  in  his  biennial  report  for  1903-4.     The  language  in  the  con- 
clusions of  both  is  identical :     "It  seems  probable  that  if  a  referendum  vote  had 
been  taken  of  the  miners  in  the  district  a  majority  would  have  voted  in  favor 
of  the  strike."     The   conclusion  of  the  author   rests  largely  upon   his  personal 
knowledge  of  the  conditions.     He  was  in  the  district  twice,   in   February   and 
March,  gathering  material  for  the  report  on  the  strike  of  1893,  and  had  occasion 
to  talk  with  a  number  of  the  miners.     Excepting  some  of  the  officers,  he  did  not 
find  a  man  who  favored  a  walk-out  in  sympathy  with  the  Colorado  City  men. 
There  was  the  strongest  feeling  that  such  talk  was  idle  nonsense. 

19  Biennial  Report  Commissioner  of  Labor,  1903-4,  p.  60. 

20  Mr.  Hayt  is  an  ex-judge  of  the  supreme  court. 

21  Mr.  Uzzell  was  a  popular  Denver  preacher,  and  Republican  politician.     He 
is  now  (1905)  County  Commissioner  of  Denver  County. 

22  Mr.   Frewen  was  Representative  from  Cripple  Creek.     He  is  now  employed 
in  the  interests  of  the  Colorado  and  Southern  Railway. 

23  Father  Carrigan  has  for  a  long  time  shown  an  intelligent  interest  in  labor 
questions. 

[83] 


RASTALL HISTORY  OF  THE  CRIPPLE  CREEK  STRIKE    83 

and  had  a  conference  with  a  committee  of  the  Mine  Owners' 
Association.  Next  day  it  held  its  session  in  Colorado  City, 
rvrhere  it  examined  strikers,  and  employees  of  the  mills,  and 
officials  of  Colorado  City. 

As  the  result  of  its  investigations  the  board  reached  the  con- 
clusion that  the  points  at  issue  were  in  reality  of  small  import, 
and  that,  "a  heart  to  heart  talk"  should  bring  about  a  settle- 
ment.24 Accordingly  a  conference  was  secured  between  the  of- 
ficers of  the  reduction  company  and  of  the  Federation,  and  at- 
torneys for  both  sides,  present  also  officers  of  the  Colorado  City, 
Victor,  and  District  unions,  the  Mayor  of  Cripple  Creek,  and 
the  Victor  committee.  Little  by  little  the  non-essential  points 
were  weeded  out,  but  it  seemed  impossible  to  get  an  agreement 
upon  the  points  that  had  proved  stumbling  blocks  at  the  earlier 
conferences — the  recognition  of  the  union,  the  wage  scale,  and 
the  immediate  employment  of  the  strikers.  Manager  MacNeill 
at  length  agreed  to  receive  and  confer  with  a  committee  of  the 
mill  employees  concerning  changes  in  the  wage  scale,  but  still 
declined  to  meet  such  a  committee  from  the  Federation.  Presi- 
dent Moyer  waived  the  recognition  of  the  Federation  committee 
and  accepted  the  offer  of  a  conference  without  the  guarantee  of 
any  increase  in  wages. 

On  the  point  of  reemployment  the  negotiations  were  still  un- 
successful. Manager  MacNeill  was  emphatic  in  his  refusal  to 
set  a  time  limit  within  'which  the  strikers  should  be  reinstated, 
or  to  make  any  agreement  by  which  any  men  employed  since  the 
opening  of  the  strike  could  lose  their  positions.  The  Victor 
committee  offered  to  give  employment  to  the  strikers  in  the 
Cripple  Creek  District  at  $3.00  per  day  if  the  strike  should  be 
called  off  without  reinstatement,  but  President  Moyer  refused. 
They  then  offered  to  give  the  same  work  to  men  who  lost  their 
positions  at  the  Standard  Mill  if  the  strikers  be  reinstated,  but 


24  Official  statment  given  to  the  press,  March  29,  1903.  See  also  Report  cf 
the  Bureau  of  Labor  Statistics,  1903-4,  p.  62. 

"As  soon  as  the  members  of  the  Governor's  advisory  board  were  sufficiently 
advised  of  the  real  causes  of  the  strike,  they  concluded  that  if  the  parties 
could  be  brought  together  in  a  heart  to  heart  talk  it  might  result  in  an  ami- 
cable adjustment  of  their  differences.  This  belief  was  strengthened  by  the  fact 
that  the  board  was  of  the  opinion  that  such  differences  were  too  slight  to  t>e 
the  cause  of  involving  this  State  in  an  industrial  war." 

[83] 


84  BULLETIN  OF  THE  UNIVERSITY  OF   WISCONSIN 

Manager  MacNeill  refused.  This  action,  however,  broke  the  ice. 
Manager  MacNeill  offered  to  give  preference  to  the  strikers, 
and  take  them  back  as  soon  as  openings  could  be  found  at  the 
mills.  It  was  hoped,  he  said,  that  the  increase  in  ore  shipments 
would  permit  the  opening  of  the  Colorado  Mill  shortly,  and  in 
that  case  the  men  would  be  rapidly  reemployed.  This  offer  was 
finally  accepted  by  President  Moyer.  Both  sides  waived  the 
question  of  a  written  agreement,25  but  the  advisory  board  was 
to  meet  again  in  May  and  determine  whether  the  agreement  had 
been  faithfully  carried  out.28 

Telegraphic  reports  of  the  settlement  were  received  in  the 
Cripple  Creek  District  with  the  greatest  rejoicing.  Bells  were 
rung,  whistles  blown,  the  papers  put  out  special  editions  to 
spread  the  news.  Purses  were  raised  and  bands  gotten  out. 
Committees  and  officials  coming  in  from  the  conference  were 
met  at  the  trains,  and  placed  at  the  heads  of  processions  which 
marched  streets  illuminated  by  bonfires  and  colored  powders. 
There  was  endless  cheering,  and  tooting  of  horns,  and  speech- 
making;  and  over  all  the  ringing  of  bells,  the  droning  of  whistles, 
and  the  crash  of  giant  crackers.  A  mining  strike  settled  was 
an  event  for  the  most  intense  rejoicing  in  the  Cripple  Creek 
District. 


K  This  was  a  serious  mistake.  The  whole  latter  dispute  was  made  possible 
only  by  disagreement  as  to  what  had  been  the  exact  terms  of  the  compromise. 

*6  Official  Statement  of  Advisory  Board,  March  31. 

"Mr.  Moyer  has  this  day  agreed  to  accept  the  proposition  of  Manager  MacNeill, 
as  given  In  tfie  communication  of  March  29,  and  he  has  declared  the  strike  off, 
basing  his  action  to  some  extent  upon  the  opinion  of  the  board  as  to  the  time 
within  which  it  may  be  confidently  expected  that  the  men  will  be  reinstated. 
Mr.  Moyer  has  stated  that  he  did  this  because  he  wished,  so  far  as  possible,  to 
avoid  bringing  loss  upon  others,  and  particularly  the  miners  and  mine  owners 
in  the  Cripple  Creek  district,  for  a  cause,  which,  in  the  opinion  of  the  board, 
was  not  serious." 


[84] 


RASTALL HISTORY   OF   THE    CRIPPLE    CREEK   STRIKE         85 


CHAPTER  III 

THE  CRIPPLE  CREEK  STRIKE 
THE  CALL  OP  THE  STRIKE 

The  shipments  of  ore  to  Colorado  City  did  not  increase  suf- 
ficiently to  permit  the  opening  of  the  Colorado  Mill.  The  hope 
that  this  mill  could  be  used  to  rapidly  employ  the  union 
strikers  was  therefore  without  fulfillment.  It  became  apparent 
early  that  Manager  MacNeill  and  the  Colorado  City  Union  in- 
terpreted the  terms  of  their  agreement  differently.  As  fast 
as  vacancies  occurred  the  positions  were  offered  by  the  company 
without  regard  to  the  kind  of  work  or  the  wage,  but  were  re- 
fused by  the  men  unless  given  their  former  kind  of  work  and 
former  'wage.  The  company  was  holding  the  agreement  to 
mean  simple  reemployment,  the  men,  to  mean  reinstatement. 
Further  cause  of  irritation  was  the  refusal  of  Manager  MacNeill 
to  consider  a  new  wage  schedule.  He  met  the  committee  of 
mill  men  according  to  his  agreement,  but  that  was  all. 

The  advisory  board  convened  for  its  final  sessions  on  May 
23rd,  and  received  statements  from  the  Colorado  Reduction 
and  Refining  Company  and  the  Western  Federation.  The 
statement  of  the  company  set  forth  that  there  had  been  one 
hundred  two  applicants  for  work,  of  whom  forty-two  were  re- 
fused and  sixty  offered  employment.  A  detailed  list  was  given 
of  the  refusals,  with  reasons  therefor.  Forty-seven  of  the 
sixty  men  to  whom  work  had  been  offered  refused  it, 
and  only  thirteen  accepted.  Twenty-seven  were  offered 
positions  at  the  same  pay  they  had  received  before 
the  strike,  eight  accepted,  nineteen  refused.  Eleven  were  of- 
fered higher  wages,  three  accepted,  eight  refused.  Twenty-two 
were  offered  smaller  wages,  two  accepted,  twenty  refused. 

[85] 


86  BULLETIN  OF  THE  UNIVERSITY   OF   WISCONSIN 

had  been  refused  in  all  cases  where  it  did  not  give  the  man  the 
same  position  that  he  occupied  before  the  strike.1 

The  statement  of  the  union  took  exception  to  many  of  the 
refusals  of  the  company  to  employ  men,  and  gave  a  detailed  re- 
buttal to  the  statements  made  concerning  them.  It  insisted  that 
the  agreement  had  been  to  reinstate  the  men  in  their  old  posi- 
tions, and  that  the  company  had  failed  to  keep  its  promise.2 

After  several  days  deliberation  the  board  made  a  final  report 
to  the  governor  in  which  the  conclusion  was  reached  that  the 
company  had  to  the  best  of  its  ability  carried  out  its  promises.3 
There  is  every  evidence  that  this  conclusion  was  a  just  one,  so 
far  as  the  letter  of  the  agreement  at  least  was  concerned.  The 
whole  question  was  as  to  whether  the  company  had  agreed  to  re- 
instate, or  simply  to  reemploy.  Throughout  the  whole  preced- 
ing series  of  conferences  Manager  MacNeill's  position  had  been 
firm  that  he  would  take  no  step  that  would  remove  from  his 
position  a  single  man  then  in  his  employ,  and  a  promise  to  re- 
instate the  strikers  must  have  meant  the  displacement  of  many. 
President  Moyer  in  his  report  to  the  annual  convention  of  the 
Federation  in  June  states  clearly  that  the  proposition  from 
Manager  MacNeill  which  he  finally  accepted  was  to  "take 
back"  the  striking  men  "without  discrimination,  if  vacancies 
occur  in  the  working  force."  and  that  Mr.  MacNeill  had  just 
rejected  a  proposition  offered  by  himself  which  included  the 
"reinstatement"  of  the  men.4  As  to  whether  the  company  had 
not  in  reality  discriminated  by  offering  work  in  the  most  unac- 


1  Report,  Commissioner    of  Labor,    U.  8.,    1905,  p.  129,    and  following.     The 
statement  is  given  in  detail  in  Official  Proceedings,  12th  Annual  Convention,  West- 
ern Federation  of  Miners,  pp.  125-133. 

2  Official  Proceedings,  lUh  Annual  Convention,  Western  Federation  of  Miners, 
pp.  134-140.     But  see  also  some  contrary  opinions  by  union  officers  in  same,  pp. 
169-170. 

3  The  report  is  given  almost  in  full  in  the  Special  Report  of  the  Commissioner 
of  Labor,  U.  S.  A.,  1905,  Labor  Disturbances  i<n  Colorado,  pp.  130  and  1311 

*  Official  Proceedings,  W.  F.  M.  A.,  June,  1903,  p.  28.  Paragraph  from  the 
proposition  submitted  by  Mr.  MacNeill : 

"Third.  Men  who  had  left  the  company's  service  on  account  of  the  recent 
strike  to  be  taken  back  without  discrimination  as  to  being  union  or  non-union 
men,  if  vacancies  occur  in  the  working  force." 

Paragraph  from  counter  "ultimatum"  submitted  by  Mr.  Moyer : 

"Third.  All  men  who  have  left  said  company's  service  on  account  of  the 
present  strike,  and  all  men  who  have  been  discharged,  if  any,  for  no  reason 


[86] 


RASTALL HISTORY   OF   THE   CEIPPLE    CREEK   STRIKE         87 

eeptable  way,  and  in  refusing  entirely  to  employ  many  of  the 
men,  the  evidence  is  not  so  clear. 

A  month  elapsed  between  the  report  of  the  commission  and 
the  second  strike  at  Colorado  City.  No  further  men  were  em- 
ployed by  the  Colorado  Reduction  and  Refining  Company,  so  the 
situation  relative  to  the  reemployment  of  the  strikers  developed 
no  further.  The  union  was  dissatisfied  however  with  the  find- 
ings of  the  commission,  and  continued  to  declare  that  the  com- 
pany was  violating  both  the  spirit  and  letter  of  its  promises, 
and  to  threaten  another  strike.  The  situation  was  further  dis- 
turbed by  the  controversy  over  the  question  of  wages.  On 
May  1st.  the  Telluride  and  Portland  Mills  had  agreed  to  the 
schedule  submitted  by  the  union,  increasing  the  minimum  wage 
from  $1.80  to  $2.25,  and  the  -continued  refusal  of  Manager  Mac- 
Neill  to  consider  this  schedule  caused  dissatisfaction  to  his  em- 
ployees, and  also  to  the  managers  of  the  other  mills.  Manager 
Hugh  Fullerton  of  the  Telluride  posted  a  notice  on  July  1st. 
to  the  effect  that  after  July  5th  wages  would  be  reduced,  and 
the  minimum  be  $2.00  per  day.  This  notice  was  removed  upon 
the  calling  of  the  second  strike. 

A  statement  of  the  conditions  cannot  be  complete  without  a 
word  upon  the  status  of  eight-hour  day  legislation  in  Colorado 
at  just  this  time.  The  state  legislature  in  1899  had  passed  an 
act  limiting  the  labor  day  in  mines,  smelters,  and  reduction 
plants,  to  eight  hours.  The  law  was  an  almost  verbatim  copy 
of  the  eight-hour  law  of  Utah,  which  had  been  declared  con- 
stitutional by  -the  supreme  courts  of  the  State  of  Utah,  and  of 
the  United  States,  but  notwithstanding  this  fact  the  Colorado 
Supreme  Court  declared  it  unconstitutional.  In  1902  a  con- 
stitutional amendment  was  passed  by  popular  vote  commanding 
the  legislature  to  pass  an  eight-hour  act.  But  when  the  legisla- 
ture convened  in  1903  a  powerful  lobby  appeared  upon  the 
scene.  Conflicting  bills  were  introduced,  and  loaded  with  a 
confusion  of  dispute-provoking  amendments.  The  two  houses 


other  than  that  they  were  members  of  Colorado  City  Mill  and  Smeltermen's  Union 
No.  125,  of  the  Western  Federation  of  Miners,  shall  be  reinstated." 

"The  same  were  promptly  rejected  by  Mr.  MacNeill,  and  on  March  31,  I  de- 
clared the  strike  off,  or  rather  declared  an  armistice  until  May  18,  *  *  *  " 
See  also  opinion  of  some  union  officers,  same,  pp.  169  and  170. 

[87] 


88  BULLETIN  OF  THE  UNIVERSITY  OF   WISCONSIN 

could  not  agree  upon  a  measure,  and  adjourned  in  April  having 
accomplished  nothing. 

Upon  the  failure  of  the  eight-hour  legislation  the  Western 
Federation  of  Miners  inaugurated  a  vigorous  campaign  of  or- 
ganization and  strikes  among  the  smelters  of  the  state,  to  secure 
by  force  what  apparently  could  not  be  gained  by  the  ballot. 
The  second  strike  was  brewing  in  Colorado  City.  The  eight- 
hour  day  was  not  an  issue  there.6  But  the  Federation  had  de- 
cided upon  a  show  of  power,  a  trial  of  strength  that  would  show 
that  not  with  impunity  could  it  be  trifled  with.  The  Cripple 
Creek  District  was  its  stronghold,  the  place  for  the  most  spec- 
tacular display,  and  there  can  be  no  question  that  these  things 
had  a  powerful  influence  upon  the  executive  officers  of  the  Fed- 
eration in  bringing  about  the  following  strikes  at  Colorado  City 
and  Cripple  Creek. 

On  July  3rd,  a  second  strike  was  declared  upon  the  Colorado 
Reduction  and  Refining  Company  at  Colorado  City.  Only 
nine  men  responded  to  the  call.6  Following  the  former  tactics 
the  men  were  called  out  from  the  mines  in  the  Cripple  Creek 
District  on  August  8th.  But  this  time  the  Federation  did  not 
stop  with  the  mines  which  were  furnishing  ore  to  the  Colorado 
Reduction  and  Refining  Company.  The  men  were  called  out 
from  all  the  mines  of  the  district,  with  the  exception  only  of  a 
few  small  properties  whose  ores  were  being  reduced  by  plants 
within  the  district.  Thirty-five  hundred  men  were  affected, 
working  in  about  50  different  mines. 


5  On  March  12,   1904,    near  the    close  of  the    strike,  the  federation  issued  a 
proclamation  of  which  the  following  is  a  part : 

"We  wish  once  again  to  call  the  public's  attention  to  the  fact  that  the  West- 
ern Federation  has  at  no  time  made  any  demand  of  the  mine  owners  of  the 
Cripple  Creek  district  other  than  that  they  withdraw  their  patronage  from  the 
mill  trust  in  order  that  living  conditions  might  be  secured  for  the  employees  of 
said  mills. 

"This,  it  is  unnecessary  to  say,  they  have  refused  to  do,  thereby  compelling 
the  members  of  the  Western  Federation  of  Miners  to  discontinue  the  reduction 
of  ore  or  grossly  violate  their  obligations  and  abandon  their  fellow  members  who 
were  formerly  employed  in  the  unfair  mills. 

"While  we  deplore  the  necessity  which  makes  us  a  party  to  the  continued  un- 
settled conditions  which  now  prevail,  being  wholly  convinced  our  cause  is  one 
of  justice,  we  have  no  intention  of  giving  up  the  battle  until  justice  shall  prevail 
and  the  same  right  conceded  to  mine  and  mill  workers  that  is  demanded  by  their 
employers." 

6  Special  Report  U.  8.  Commission  of  Labor,  p.  161.     They  were  all  among  the 
13  men  taken  back  under  the  Moyer-MacNeill  agreement. 

[88] 


RASTALL HISTORY   OF   THE    CRIPPLE    CREEK   STRIKE         89' 

The  strike  was  called  by  the  District  Council  of  the  Western 
Federation,  in  exercise  of  the  general  power  given  it  months 
before  the  time  of  the  first  Colorado  City  difficulty.  The  district 
council  was  strongly  under  the  influence  of  the  executive  board 
of  the  Federation ;  it  was  the  executive  board  that  forced  the  ac- 
tion, and  loath  as  the  gentlemen  composing  this  board  have 
been  to  shoulder  the  responsibility,  to  them  it  belongs  and  to  no 
others.7 

There  may  be  some  doubt  as  to  the  opposition  of  the  Cripple 
Creek  miners  to  the  first  strike,  but  there  can  be  none  as  to  their 
opposition  to  the  second.  Loyally  they  obeyed  the  strike  order 
of  their  organization  and  laid  down  their  tools,  but  the  vast 
majority,  (many  have  put  it  as  high  as  90  per  cent.)  were  un- 
willing to  strike,  and  bewailed  the  haste  with  which  they  had 
voted  away  the  control  of  their  own  labor.8 

The  strike  at  Cripple  Creek  was  in  support  of  the  strike  at 


7  The  folowinlg  paragraph  from  the  president's  report  in  the  Official  Proceed- 
ings for  1903,  pp.  23-24,  shows  where  the  power  lay  practically. 

"At  the  close  of  this  convention  your  officers,  whoever  they  may  be,  should 
know  whether  they  have  the  power  to  conduct  the  affairs  of  the  organization 
between  conventions  or  whether  they  must  obtain  the  permission  of  a  local  union 
before  they  are  permitted  to  act  in  what  they  consider  the  best  interests  of  the 
organization.  If,  in  cases  of  emergency,  it  is  optional  with  a  local  union  as  to 
whether  they  go  on  strike  in  support  of  another  local,  when  in  the  opinion  of 
your  Executive  Board  it  is  for  the  best  interests  of  the  Federation  that  they 
should  discontinue  work,  then  your  officers  are,  indeed,  helpless  and  uncertain  of 
the  outcome  of  any  attack  which  may  be  made  by  the  enemy.  During  the  past 
year  some  unions  have  questioned  the  authority  of  your  executive  officers  to 
order  a  strike  without  submitting  the  same  to  the  local  involved  for  a  referen- 
dum vote.  This  is  a  matter  of  great  importance,  and  in  amending  your  Con- 
stitution you  should  so  define  the  authority  of  your  officers  as  to  avoid  occur- 
rences of  this  nature  in  the  future." 

The  convention  passed  the  amendment  asked  for,  giving  the  Executive  Board 
power  to  call  strikes  (see  same,  p.  226),  but  this  did  not  go  into  effect  officially 
until  later,  when  it  had  received  the  vote  of  the  local  unions. 

See  also  footnote  1,  p.  81,  on  calling  of  first  Cripple  Creek  strike. 

8  In  this  connection  see  opinions  of  some  of  the  Cripple  Creek  union  officials 
before  the  annual  convention,  June,  1903.     Convention  Proceedings,  pp.  169  and 
170.     "Brother  Seitz  doubts  if  called  on  to  come  out  that  they  would  respond." 

"W.  B.  Easterly  states  that  the  officers  of  No.  19  ...  are  satisfied  that 
the  boys  in  Cripple  Creek  will  not  respond  as  readily  as  before." 

"Pollard  .  .  .  states  that  No.  19  would  come  out  if  asked,  but  states  that 
they  are  only  a  small  part  of  the  Cripple  Creek  District  for  all  that." 

"W.  F.  Davis  states  .  .  .  that  if  called  out  No.  19  will  come  out  any 
time.  ...  He  states  that  Dan  Griffis,  secretary,  of  Victor,  stated  that,  if 
called  out,  the  members  of  Victor  Union  No  32,  he  thoulght,  would  respond  only 
to  the  extent  of  twenty  per  cent. 

"E    J    Campbell,  No.  40,  states  that  MacNeill  has  contract  with  mine  owners 

[89] 


90  BULLETIN  OF  THE  UNIVERSITY  OF  WISCONSIN 

Colorado  City  in  which  nine  men  were  out.  It  tied  up  the  in- 
dustry of  a  whole  section.  The  Western  Federation  of  Miners 
had  never  had  an  organization  in  the  Colorado  City  Mills,  and 
the  whole  difficulty  resulted  from  the  attempt  at  organization 
there.  Success  had  been  achieved  in  two  of  the  working  plants, 
but  not  in  the  third.  Ostensibly  to  force  into  line  this  third  plant, 
which  was  running  full  capacity,  3,500  men  were  called  from 
the  mines.  The  Cripple  Creek  miners  were  to  be  used  to  club 
the  mine  owners  into  clubbing  the  Standard  Mill  to  the  wishes  of 
the  Western  Federation  of  Miners.  Comment  on  such  an  ac- 
tion is  hardly  necessary.9 


THE  FIRST  PERIOD  OF  THE  STRIKE 

Quiet  prevailed  in  the  Cripple  Creek  District  during  the  first 
three  weeks  of  the  strike.  Mining  operations  were  almost  en- 
tirely suspended.  The  men  held  frequent  meetings,  strength- 
ening their  organization,  and  thoroughly  picketing  the  district 
to  prevent  any  men  from  going  to  work.  The  Standard  Mill  was 
compelled  to  shut  down  on  account  of  lack  of  ore  September  2nd, 
but  announced  that  one-third  pay  would  be  given  its  employees 
for  an  indefinite  period.  The  Portland  Mine  was  allowed  to 
resume  operations  on  August  22nd.  All  of  its  ores  were  re- 
duced by  its  own  mill  at  Colorado  City,  and  the  management 
agreed  specifically  that  no  ores  should  be  shipped  to  "unfair" 
mills.  The  mine  was  not  unionized  but  continued  on  the  open 
shop  principle.  The  merchants  of  the  district  having  announced 


which  will  force  them  to  ship  to  him  or  stay  closed.  My  opinion  is  that  at  this 
time  the  men  will  not  come  out  if  called." 

"C.  E.  Johnston,  No.  106  Millmen's  Union1,  .  .  .  feels  that  Advisory 
Board,  after  giving  decision,  should  control  our  actions." 

The  Cripple  Creek  Union  asked  for  a  constitutional  amendment  making  all 
legislation  of  the  district  unions  subject  to  the  initiative  and  referendum,  but 
it  was  voted  down.  See,  same,  p.  218. 

9  The  queston  as  to  whether  the  strike  was  "sympathetic,"  being  merely  a 
question  of  terms,  need  not  T>fc  discussed  here.  The  mine  owners  insisted  upon 
calling  it  a  sympathetic  strike,  while  the  Federation  declared  that  since  the 
strike  was  all  within  its  own  order  it  was  not  sympathetic.  Whatever  be  our 
terminology  the  vital  point  remains  that  the  strike  at  Cripple  Creek  was  called 
for  the  sole  officially  announced  purpose  of  forcing  the  United  States  Reduction 
and  Refining  Company  to  close  its  works  through  lack  of  ore. 

[90] 


KASTALL IIISTOEY    OF    THE    CRIPPLE    CKEEK   STRIKE         91 

that  they  would  allow  no  further  credit  during  the  strike,  the 
unions  organized  cooperative  stores  in  Cripple  Creek,  Victor, 
and  Anaconda.  Goods  were  sold  to  the  miners  from  these  stores 
at  cost,  for  cash,  or  upon  orders  from  the  union.  The  treasury 
of  the  federation  was  well  supplied,  and  no  hardship  was  ex- 
perienced.10 

Late  in  August  the  Colorado  City  Union  called  a  strike  upon 
the  Telluride  Mill,  which  earlier  in  the  year  had  granted  all  the 
demands  of  the  union,  including  the  increased  schedule  of  wages. 
"Walter  Keene,  the  head  preeipitator,  considered  one  of  the  best 
men  in  the  employ  of  the  company,  had  remained  non-union 
and  refused  all  invitations  to  join  the  organization.  He  was 
warned  to  leave.  When  he  entered  the  mill  on  the  25th,  he  was 
met  by  a  crowd  of  men,  jostled,  threatened,  and  finally  struck  on 
the  head  with  a  dinner  pail.  Thoroughly  frightened  he  went 
to  the  office  and  resigned.  Manager  Fullerton  discharged  two 
of  the  men  for  participation  in  the  assault,  and  stated  his  posi- 
tion with  vigor  in  a  letter  to  the  union.11  The  union  officials 
demanded  the  reinstatement  of  the  discharged  men,  and  upon 
being  refused  called  a  strike  at  the  mill. 

The  unfairness  of  the  strike  at  Cripple  Creek  was  felt  keenly 
by  the  owners  of  the  mines.  There  were  no  grievances  to  adjust, 


10  During  the  period  the  Mine  Owners'  Association  was  made  a  formal  organ- 
ization, and  elected  its  first  set  of  officers.     The  Citizens  Alliances  of  the  dis- 
trict were  also  formed  at  this  time,  and  began  to  exert  their  influence  as  allies 
of  the  Association.     For  a  general  history  of  these  organizations  see  Chapter  VI. 

11  Special  Report,  Commissioner  of  Labor,  p.  165  : 
"Mill  and  Smelter  Men's  Union  No.  125,  Colorado  City." 

"Gentlemen : — When  our  company  informed  you  that  it  was  not  our  intention 
to  discriminate  against  union  men,  when  hiring  our  force  of  workmen,  we  un- 
derstood that  your  union  was  not  to  discriminate.  One  of  our  best  men,  Mr. 
Keene,  has  just  resigned  from  our  employment  because  of  actual  bodily  violence, 
and  because  of  threats  on  his  life  made  by  a  mob  of  your  union  in  our  employ- 
ment. 

"Our  company  will  not  stand  for  any  such  system  of  dictation  by  any  union, 
as  to  whom  we  may  or  may  not  keep  in  our  employment,  and  we  give  you  notice 
that  Mr.  Keene  did  not  resign  with  our  consent ;  that  we  are  well  satisfied 
with  him  in  all  respects,  and  that  had  he  been  willing  to  remain  in  our  employ- 
ment we  should  have  stood  back  of  him  in  all  events ;  and  that  if  any  such  sys- 
tem of  dictation  is  again  attempted  by  your  union  our  company  will  discover 
which  of  our  employes  belong  to  your  union,  and  will  at  once  discharge  every 
union  man,  for  the  sole  reason  that  he  is  a  union  man,  and  that  thereafter  we 
will  conduct  our  mill  as  a  non-union  mill. 

"H.  W.  FULLERTON, 

"General  Manager." 

[91] 


92  BULLETIN  OF  THE  UNIVERSITY   OF   WISCONSIN 

nor  any  apparent  method  of  settlement  unless  they  were  to  join 
hpuds  with  the  organization  that  had  acted  so  arbitrarily 
against  them,  and  eating  humble  pie,  seek  to  force  the  Colorado 
City  Mills  to  share  it  with  them.  They  determined  to  exert 
their  strength  to  the  limit  to  break  the  strike,  and  to  break  it 
without  compromise.  On  August  13th,  they  issued  a  state- 
ment which  reviewed  the  satisfactory  conditions  at  the  time  of 
the  strike,  and  the  unwillingness  of  the  men  to  participate  in 
it.  The  strike  was  characterized  as  most  arbitrary  and  unjusti- 
fiable, and  they  announced  their  intention  to  open  their  mines 
and  operate  them  in  future  in  absolute  independence  of  the 
"Western  Federation  of  Miners.12  It  was  decided  to  combine 
upon  the  opening  of  single  mines,  and  the  El  Paso  was  chosen 
for  the  first.  The  shaft  house  was  surrounded  by  a  stockade, 
and  a  board  fence  ten  feet  high,  and  17  armed  guards  placed 
upon  the  property.  The  mine  was  opened  August  18th,  with 
about  75  men. 

A  series  of  events  on  Sept.  1st,  ended  the  period  of  good 
order  and  immediately  precipitated  a  crisis.  The  Golden  Cycle 
Mine  was  preparing  to  start  up,  following  the  El  Paso,  and  was 
being  surrounded  by  a  board  fence.  When  the  carpenters 
came  to  work  they  were  held  up  with  a  gun  by  a  union  picket, 
but  were  later  allowed  to  pass.  Ed  Minster  was  arrested  for 
the  offence  and  lodged  in  jail.  In  the  afternoon  John  T.  Hawk- 


12  "A  general  strike  has  been  called  on  the  mines  of  the  Cripple  Creek  district 
by  the  executive  heads  of  the  Western  Federation  of  Miners.  At  the  time  this 
strike  was  called,  and  in  fact  ever  since  the  settlement  of  the  labor  difficulties 
of  1894,  the  most  entire  harmony  and  good  will  has  prevailed  between  the  em- 
ployers and  employed  in  this  district.  Wages  and  hours  of  labor  have  been 
satisfactory  and  according  to  union  standards,  and  generail  labor  conditions 
have  been  all  that  could  be  wished. 

"Notwithstanding  all  this,  the  heads  of  the  Western  Federation  have  seen 
fit  to  compel  the  cessation  of  all  labor  in  the  district,  not  because  of  any  griev- 
ance of  their  own  against  the  Cripple  Creek  operators,  but  for  reasons  entirely 
beyond  our  control.  No  more  arbitrary  and  unjustifiable  action  mars  the  an- 
nals of  organized  lagor,  and  we  denounce  it  as  an  outrage  against  both  the 
employers  and  employed. 

"The  fact  that  there  are  no  grievances  to  adjust  and  no  unsatisfactory  condi- 
tion to  remedy  leaves  the  operators  but  one  alternative,  and  that  alternative 
they  propose  to  adopt  fearlessly.  As  fast  as  new  men  can  be  secured,  our 
mining  operations  will  be  resumed  under  former  conditions,  preference  being 
given  to  former  employees,  and  all  men  applying  for  work  wfll  be  protected  to 
the  last  degree." 

[92] 


RASTALL HISTORY  OF  THE  CRIPPLE  CREEK  STRIKE    93 

ins,  a  justice  of  the  peace,  was  assaulted  upon  the  main  street 
of  Altman,  knocked  down  and  badly  cut  upon  the  head.  He 
had  discharged  one  of  the  El  Paso  deputies  the  day  before  on 
the  charge  of  carrying  concealed  weapons,  and  fined  another 
one  $25.00  and  costs.  On  the  same  night  Thomas  M.  Stewart, 
an  old  man,  who  had  gone  to  work  as  a  carpenter  upon  the 
Golden  Cycle,  was  taken  from  his  home  by  five  masked  men, 
cruelly  beaten,  shot  in  the  back,  and  left  for  dead.  He  managed 
to  crawl  to  the  electric  road,  and  was  taken  to  the  Victor  Hos- 
pital, where  he  finally  recovered.13 

These  outrages  stirred  the  district  deeply,  and  the  feeling 
was  intensified  the  following  day  by  the  release  of  Minster. 
The  district  attorney  had  been  delayed  in  filing  the  information 
against  him.  Undersheriff  Gaughan,14  a  federation  member  of 
the  most  extreme  type,  had  been  notified  that  the  information 
was  being  prepared,  but  took  advantage  of  the  technicality  to 
set  Minster  at  liberty.  The  mine  owners  had  already  begun 
to  demand  troops  on  account  of  the  assaults  of  the  day  before, 
and  they  were  now  able  to  back  their  demands  with  the  declara- 
tion that  the  county  authorities  were  not  trying  to  give  them 
protection. 

THE  MILITIA  IN  THE  DISTRICT 

Sheriff  Robertson  was  asked  to  call  for  troops,  but  refused, 
saying  he  could  and  would  control  the  situation.15  He  agreed  how- 
ever to  appoint  deputies  of  the  mine  owners'  choosing  and  did  so 
in  sufficient  number  to  station  from  three  to  five  men  at  every 
mine.  Telegrams  were  sent  by  a  number  of  the  mine  owners 
to  the  governor,  and  a  lengthy  message  was  sent  by  the  mine 
owners  in  common,  which  declared  a  reign  of  terror  to  be  im- 
minent, and  the  sheriff's  office  unable  to  handle  the  situation1, 


13  On   Sept.   2nd   the   Mine  Owners  Association   offered   a  reward  of  $300  for 
information   leading   to   the   arrest  and  conviction   of  the   person  who   had  as- 
saulted   Justice    Hawkins    and    $1,000   for    those    who   had   assaulted   and    shot 
Thomas   M.    Stewart.     The   Golden   Cycle   Mining   Co.   offered   an  additional   re- 
ward of  $500  for  the  arrest  of  Stewart's  assailants. 

14  Undersheriff  Gaughan  was  a  member  of  the  legislature  at  the  time  El  Paso 
County  was  divided.     He  was  appointed  assessor  by  the  governor,  but  was  de- 
feated for  nomination  in  the  convention  the  following  fall.     He  then  opened  a 
saloon,  where  he  presided  up  to  the  time  of  his  appointment  as  undersheriff. 

18  Sheriff  Robertson  was  a  member  of  the  Western  Federation  of  Miners. 

[93] 


94  BULLETIN  OF  THE  UNIVERSITY  OF   WISCONSIN 

and  demanded  state  protection.     Mayor  French  of  Victor  also 
sent  messages  asking  for  troops.16 

Next  day  Governor  Peabody  appointed  a  commission  com- 
posed of  Brigadier  General  John  Chase,17  Attorney  General  A. 
C.  Miller,  and  Lieutenant  T.  E.  McClelland,18  to  investigate 
conditions.  The  commission  left  at  once  for  the  district.  On 
the  same  evening  the  governor  and  General  Bell  held  a  confer- 
ence with  President  Colburn  and  Treasurer  Bainbridge  of  the 
Mine  Owners'  Association.  As  the  result  of  the  conference  the 
governor  agreed  to  call  out  the  troops,  but  insisted  that  the  mine 
owners  should  provide  funds  for  the  expenses  of  the  campaign, 
accepting  state  certificates  of  indebtedness  payable  in  four 
years1.19  The  commission  arrived  at  Victor  at  about  nine  o'clock 
at  night,  and  held  a  conference  with  Mayor  French,  and  others. 
It  then  proceeded  to  Cripple  Creek,  where  it  met  members  of 
the  Citizens  Alliance  and  Mine  Owners'  Association,  Sheriff 
Robertson,  and  Mayor  Shockey.  Mayor  Shockey  refused  to 
sign  a  request  for  troops,  and  Sheriff  Robertson  insisted  that 
he  had  the  situation  well  in  hand,  and  that  there  was  no  need 
for  troops.  The  commission  left  on  a  special  at  four  o'clock 
in  the  morning,  having  been  in  the  district  less  than  eight 
hours,  and  from  Colorado  Springs  telegraphed  their  opinion 
of  the  urgency  of  the  situation.20  The  governor  a  few  hours 
later  issued  an  order  calling  out  the  troops.* 


18  Mayor  French  was  manager  of  the  C.  C.  C.  Sampler. 

17  General  Chase  was  later  prominent  in  the  friction  between  the  military  and 
civil  authorities,  and  was  an  important  facfor  in  all  the  military  activity. 

18  Lieutenant,  later  Major,  McClelland  also  became  a  prominent  figure  in  the 
militia  movements.     He  is  the  man  who  when  accused  of  having  violated   the 
constitution  replied,   "To  hell   with  the  constitution !     We  aren't  going  by  the 
constitution."     He  is  now   (1905)   county  attorney  of  Teller  County. 

19  Special  Report,  Commissioner  of  Labor,  U.  S.  A.,  p.  175. 

20  Peabody,  State  Capitol,  Denver,  Colo. 

Have  visited  Cripple  Creek  and  Victor,  and  after  careful  inquiry  among 
representative  citizens  and  property  owners,  including  mayors  of  Cripple  Creek 
and  Victor,  we  are  of  the  opinion  that  the  lives  of  the  citizens  of  the  district 
are  in  imminent  danger  and  property  and  personal  rights  are  in  jeopardy. 
Prompt  action  is  imperatively  demanded  by  the  above  people  to  protect  the 
lives  and  property  of  the  citizens.  We  find  that  a  reign  of  terror  exists  in  the 
district.  We  do  not  believe  that  the  civil  authorities  are  ab!e  to  cope  with 
the  situation.  (Signed  by  the  three  commissioners). 

*  EXECUTIVE  ORDER. 

"Ordered :  It  having  been  made  to  appear  to  me  by  reputable  citizens  of  the 
county,  by  the  constituted  civil  officers  and  by  the  honorable  commission 

[94] 


RASTALL HISTORY    OF   THE    CRIPPLE    CREEK   STRIKE         95 

There  has  been  considerable  difference  of  opinion  as  to  the 
necessity  for  sending  troops  to  the  district  at  this  time.  The  only 
call  for  them  had  been  by  the  mine  owners  or  those  closely  con- 
nected with  them,  and  the  local  authorities  were  practically  a 
unit  in  denouncing  the  act  as  an  outrage.  It  must  not  be  for- 
gotten in  this  connection  how  thoroughly  the  police  officers  of 
the  county  were  in  sympathy  with  the  unions,  but  from  two  of 
the  most  unprejudiced  and  non-partisan  sources,  the  Mayor 
of  Cripple  Creek,  and  the  Board  of  County  Commissioners, 
there  came  from  the  former  a  refusal  to  call  for  troops,  and 
from  the  latter  a  protest  of  no  uncertain  sound.21  There  had 


appointed  by  me  to  investigate  the  matter,  that  an  insurrection  is  threatened 
in  the  county  of  Teller,  in  the  State  of  Colorado,  and  that  there  is  a  tumult 
threatened  and  imminent,  and  that  a  body  of  men  are  acting  together,  by  force, 
with  attempt  to  commit  felonies,  and  to  offer  violence,  to  break  and  resist 
the  laws  of  this  State,  and  that  a  number  of  persons  are  in  open  and  active 
opposition  to  the  execution  of  the  laws  of  this  State  in  said  county,  and  that 
the  civil  authorities  are  wholly  unable  to  cope  with  the  situation : 

"I,  therefore,  direct  you,  in  pursuance  of  the  power  and  authority  vested 
in  me  by  the  Constitution  and  laws  of  the  State  of  Colorado,  to  direct  the  brig- 
adier general  commandinlg  the  national  guard  of  the  State  of  Colorado,  to 
forthwith  order  out  the  First  regiment  of  infantry,  together  with  Company 
H  of  the  Second  infantry,  Colonel  Edward  Verdeckberg  commanding,  together 
with  the  First  squadron  of  cavalry,  consisting  of  Troops  B,  D,  and  C,  also 
Battery  A,  and  the  signal  corps  and  the  medical  corps  of  the  State,  and  to 
prevent  said  threatened  insurrection ;  and  he  will  protect  all  persons  and 
property  in  said  county  of  Teller  from  unlawful  interference,  and  will  see  that 
threats,  assaults  and  all  sorts  of  violence  cease  at  once,  and  that  public 
peace  and  good  order  be  preserved  upon  all  occasions,  to  the  end  that  the 
authority  and  dignity  of  this  State  be  maintained  and  her  power  to  suppress 
lawlessness  within  her  borders  be  asserted. 

"Witness  my  hand  and  the  executive  seal,  at  Denver,  this  fourth  day  of  Sep- 
tember, A.  D.  1903.*  JAMBS  H.  PEABODY. 

"To  Sherman  M.  Bell,  Adjutant  General  of  the  State  of  Colorado." 

21  "Whereas,  The  board  of  county  commissioners .  of  Teller  County  have  been 
advised  that  the  governor  of  the  State  of  Colorado  has  sent  the  militia  to  this 
county  for  the  pretended  purpose  of  suppressing  a  riot  that  does  not  now,  and 
never  did  exist,  and  to  protect  property  and  individual  residents  of  the  county 
that  are  not  in  danger ;  and 

"Whereas,  It  has  been  falsely  reported  throughout  the  State  that  property  and 
life  were  in  danger  in  Teller  County. 

"Now,  therefore,  The  board  of  county  commissioners  of  Teller  County  do  pro- 
test— 

"First.  That  property  and  individuals  are  as  safe  in  this  county  as  elsewhere 
in  the  state. 

"Second,.  That  the  sheriff  of  Teller  County  is  perfectly  able  to  handle  the 
situation  here,  and  has  been  authorized  by  the  board  to  employ  any  and  al'l 
deputies  necessary  to  protect  life  and  property,  which,  in  the  opinion  of  the 
board,  he  is  doing. 

"Third.     That  there  has  been  no  unusual  assembly  of  men  and  no  more  violence 

[93] 


96  BULLETIN  OF  THE  UNIVERSITY  OF   WISCONSIN 

been  no  riot  in  the  district,  nor  any  such  condition  of  general 
lawlessness  or  disorder  as  is  usually  considered  necessary  for 
the  calling  out  of  troops.  There  had  been  individual  assaults, 
however,  and  unquestionably  the  owners  were  being  thwarted 
in  the  effort  to  open  their  mines  by  the  fear  upon  the  part  of 
the  men  of  physical  violence.  No  one  who  knew  the  history 
of  the  Western  Federation  of  Miners  but  would  expect  violence 
to  accompany  the  opening  of  the  mines,  and  in  this  doubtless 
lies  the  real  reason  for  the  presence  of  troops.  They  were 
called  out  to  protect  the  owners  in  opening  their  mines,  and  to 
relieve  the  fears  of  the  men  who  hesitated  to  return  to  work. 

Pursuant  to  instructions  Adjutant  General  Sherman  M.  Bell 
issued  orders  to  the  first  regiment,  and  other  companies  of  in- 
fantry, cavalry,  and  artillery  of  the  Colorado  National  Guard, 
to  proceed  to  the  Cripple  Creek  District.22  On  Sept.  4th,  they 
arrived,  in  number  about  700,  and  went  into  permanent  quar- 
ters at  Camp  Goldfield,  among  the  largest  mining  properties 
of  the  district,  near  the  town  of  Goldfield.23  Subsidiary  camps 


than  at  other  times.  That  the  parties  guilty  of  the  late  assaults  will  be  ap- 
prehended hy  the  civil  authorities  and  prosecuted.  The  state  troops  .can  in  no 
way  aid  in  apprehending  these  parties. 

"Fourth.  That  the  citizens  of  the  county  are  law-abiding  and  are  doing  all 
in  their  power  to  avoid  trouble. 

"Fiith.  That  the  governor  of  this  state,  without  cause  therefor,  has  sent  the 
militia  to  this  county,  and  by  so  doing  engenders  ill  feeLing,  prolongs  the  strike, 
and  does  a  great  injury  to  the  Cripple  Creek  mining  district. 

"Sixth.  It  is  the  judgment  of  the  board  of  county  commissioners  that  the 
commission  sent  by  Governor  Peabody  to  this  county  to  investigate  the  strike 
situation  was  not  sent  for  an  honest  purpose,  but  as  a  cloak,  to  cause  the  people 
of  the  State  of  Colorado  to  believe  that  the  law  officers  of  Teller  County  were 
unable  to  handle  the  strike  situation. 

"This  statement  is  made  because  the  commission  sent  by  the  governor  did  not 
make  an  honest  investigation  of  the  situation.  The  commission  reached  here  at 
9 :30  p.  m.  Thursday  and  left  at  4  o'clock  Friday  morning,  remaining  in  camp 
less  than  eight  hours." 

Unanimous  resolution  September  fourth. 

22  The  principal  officers  were  as  follows : 

Adjutant  General  Sherman  M.  Bell,  in  command. 

Brigadier  General  John  Chase,  acting  in  conjunction  with  General  Bell. 

Colonel  Edward  Verdeckberg,  commanding  First  Brigade,  District  Commander. 

Colonel  Leo  W.  Kennedy,   commanding  First  Regiment  Infantry. 

Colonel  Lewis  Barnum,  commanding  Second  Regiment  Infantry. 

Major  H.  A.  Naylor,  Ordinance,  Field  and  Staff  Officer. 

Major  Tom  E.  McClelland,  Judge  Advocate  and  Provost  Marshal. 

Brigadier  General  Frank  M.  Reardon  (Retired). 

28  Adjutant  General's  Report,  pp.  128,  129,  130. 

[96] 


RASTALL HISTORY   OF   THE   CRIPPLE    CREEK   STRIKE         97 

were  located  at  Camp  Bull  Hill  near  Altman,  Camp  El  Paso  near 
the  El  Paso  Mine,  Camp  Golden  Cycle  in  the  town  of  Gold- 
field,  Camp  Elkton  in  the  town  of  Elkton,  and  Camp  Cripple 
Creek  in  Cripple  Creek.  Additional  troops  continued  to  ar- 
rive, until  by  Sept.  30th  their  number  reached  over  one  thou- 
sand.24 Guards  were  placed  at  all  the  large  mines,  and  in1  all 
the  towns  and  cities  of  the  district,  and  sentinels  were  placed 
upon  the  public  highways. 

The  signal  corps  proceeded  to  put  into  operation  a  most  com- 
plete system  of  communications.  At  headquarters,  lines  of  the 
Western  Union  and  Postal  Telegraph  Companies,  and  of  the 
Colorado  Telephone  Company,  gave  direct  connections  with 
points  outside  the  district.  The  Colorado  Telephone  Company 
provided  local  service  throughout  the  district,  with  a  special 
Switchboard,  and  in  addition  an  entirely  independent  system 
(was  established  directly  connecting  the  military  camps  and 
departments.  Signal  stations  were  located  on  the  tops  of  the 
principal  hills,  and  kept  in  constant  operation,  and  a  search- 
light moved  from  one  vantage  point  to  another  flashed  over  the 
district  by  night.  A  more  complete  system  would  hardly  have 
been  established  had  an  actual  military  campaign  been  in  pro- 
gress.25 

On  Sept.  10th  the  military  authorities  began  a  series  of  al- 
most daily  arrests  of  union  officers  and  men  known  to  be 
strongly  in  sympathy  with  the  unions.  The  old  wooden  jail 
at  Goldfield  was  surrounded  with  a  high  stockade,  and  used  as 
a  military  prison,  and  became  commonly  known  as  the  "bull 
pen".  Here  the  men  were  confined  for  varying  periods,  with- 
out trial  or  preferment  of  charges,  and  discharged  with  threats 
of  rearrest  if  they  failed  to  conduct  themselves  in  future  accord- 
ing to  the  wishes  of  the  military.  Sept.  10th  Chas.  Campbell, 
H.  H.  McKinney,  and  three  other  men,  were  arrested.  Next 
day  James  Lafferty,  one  of  the  union  leaders,  was  added  to  the 
number.  At  midnight  on  the  12th  a  squad  of  soldiers  entered 


24  Infantry  600,  Cavalry  250,  Artillery  75,  Signal  and  Medical  Corps  80 ;  total, 
1,005.  Bureau  of  Labor  Statistics  Report,  1903-4,  p.  81;  Biennial  Report  Of 
Adjutant  General,  p.  130. 

85  Report  of  the  Signal  Officers  in  Biennial  Report  of  Adjutant  General,  p.  195. 

7  [97] 


98  BULLETIN  OF  THE  UNIVERSITY  OF  WISCONSIN 

the  home  of  Sherman  Parker,  Secretary  of  the  Altman  Union, 
searched  the  house,  and  forced  Parker  to  dress  and  accompany 
them  to  the  jail.  On  the  13th  a  squad  of  20  men  stationed  them- 
selves at  the  Victor  Union  Hall  and  made  a  search  for  W.  B. 
Easterly,  President  of  the  Altman  Union,  but  failed  to  find  him. 
Numbers  of  other  officers  and  influential  members  of  the  unions 
were  put  under  detention  throughout  the  month.26 

But  the  militia  did  not  stop  with  the  arrest  of  union  leaders. 
On  the  14th  W.  C.  Reilley,  a  justice  of  the  peace  of  Independ- 
ence, was  arrested  and  thrown  into  the  "bull  pen."27  No 
charges  were  made  against  him,  but  it  was  understood  that  he 
had  shown  himself  too  friendly  to  the  unions.  Joe  Lynch,  City 
Marshal  of  Independence,  was  arrested  and  told  that  he  had 
been  talking  too  much.  The  chairman  of  the  Board  of  County 
Commissioners,  P.  J.  Lynch,  was  arrested  by  a  file  of  22  men  and 
taken  to  headquarters.  He  was  accused  by  General  Chase  of 
making  remarks  derogatory  to  the  militia,  and  of  advising  the 
men  not  to  return  to  work,  and  was  then  released,  with  the  threat 
that  he  would  be  rearrested  and  kept  if  he  did  not  change  his 
attitude.28 

Sept.  29th  the  militia  arrested  the  working  force  of  the  Vic- 
tor Record.  The  Record  was  the  morning  paper,  and  the  local 
organ  of  the  Federation.  It  was  not  inflammatory  in  its  tone, 
but  had  published  the  official  statements  of  the  unions,  and 
freely  criticised  the  acts  of  the  militia.  A  detail  of  45  men 
marched  to  the  office  in  the  early  evening,  arrested  the  editor, 
George  E.  Kyner,  and  the  four  employees  found  there,  and 


26  Nine  cases  were  later  filed  in  the  district  court  by  the  federation  charging 
John   Chase,   Sherman  M.   Bell,   and   Thomas  E.   McClelland   with   violating   the 
constitutional  rights  of  its  members.     The  trials  were  held   before  Judge  Rob- 
ert E.  Lewis,  who  held  that  inasmuch  as  the  defendants  were  members  of  the 
state  militia  upon  active  duty  they  had  the  right  to  arrest  persons,  and  that 
the  length  of  time  in  the  trial  case  was  not  an  unusual  length  of  time  for  con- 
fining  persons   without   filing   a   complaint   against   them.     He    accordingly    in- 
structed the  jury  to  bring  in  a  verdict  for  the  defendants. 

Report  of  Judge  Advocate  in  Biennial  Report,  Adjutant  General,  p.  191. 

27  Justice  Reilley  was  an  unsuccessful  lawyer  of  the  pettifogger  type,  a  heavy 
drinker,  and  at  times  before  elected  justice  of  the  peace,   made  his  living  by 
manual  labor. 

28  Mr.  Lynch  was  the  one  member  of  the  board  of  county  commissioners  who 
was  a  member  of  the  Western  Federation.     He  was  strongly  in  sympathy  with 
the  unions. 

[98] 


II 

S? 

I 


EASTALL HISTOEY  OF  THE  CEIPPLE  CEEEK  STEIKE    99 

took  them  to  the  ''bull  pen."  The  business  manager  and  the 
press  man  arrived  soon  after  the  arrests  had  been  made.  Mrs. 
Langdon,29  a  linotype  operator,  having  heard  the  news,  came 
with  all  haste  to  the  office.  The  doors  were  barred  and  ad- 
mittance refused  to  a  new  squad  of  soldiers,  and  working  with 
might  and  main  this  remnant  of  the  force  put  out  the  issue  at 
the  regular  time  in  the  morning.  At  the  head  of  the  first  page 
appeared  the  legend:  "Somewhat  disfigured  but  still  in  the 
ring."  Mrs.  Langdon  then  went  up  to  see  her  husband,  who 
was  one  of  the  employees  arrested,  and  being  refused  admit- 
tance presented  the  guards  with  scarcely  dried  copies  of  the 
morning  edition.  The  Record  force  was  kept  imprisoned  for  24 
hours,  and  then,  under  orders  from  Governor  Peabody,  was 
turned  over  to  the  civil  authorities  charged  with  criminal  libel. 
Whatever  difference  of  opinion  there  may  have  been  as  to  the 
need  for  troops,  there  could  be  none  as  to  the  effect  of  their 
activity  once  upon  the  scene.  The  fact  that  the  campaign  ex- 
penses were  being  borne  temporarily  by  the  mine  owners  could 
not  but  have  its  effect.80  The  military  leaders  were  from  the 
first  in  the  closest  sympathy  with  the  mine  owners,  and  the 
efforts  of  the  troops  were  devoted  not  so  much  to  the  simple 
preservation  of  order,  as  to  the  crushing  of  the  activity  of  the 
unions.  General  Bell  expressed  himself  very  simply  on  this 
point:  "I  came,"  he  said,  "to  do  up  this  damned  anarchistic 
federation."31 


29  Mrs.   Emma   F.   Langdon   is  the   author  of  a  book   on   the  strike   situation, 
The  Cripple  Creek  Strike,  which  has  heen  adopted  by  the  Western  Federation 
of  Miners  as  the  official  statement  of  its  side  of  fhe  case. 

30  The  Army  and  Navy  Journal  makes  a  terse  comment  on  this  action  : 

"But  that  he  (the  Governor)  should  virtually  borrow  money  from  the  mine 
owners  to  maintain  the  troops  he  had  assigned  to  guard  their  property,  was  a 
serious  reflection  upon  the  authorities  of  the  state.  The  arrangement  virtually 
placed  the  troops  for  the  time  being  in  the  relation  of  hired  men  to  the  mine 
operators  and  morally  suspended  their  function  of  state  military  guardians  of 
the  public  peace.  It  was  a  rank  perversion  of  the  whole  theory  and  purpose 
of  the  National  Guard,  and  more  likely  to  incite  disorder  than  prevent  It." 

81  General  Bell  gives  his  idea  of  the  extent  of  his  powers  in  the  conclusions 
of  his  report  to  the  governor,  Biennial  Report,  Adjutant  General,  p.  20. 

CONCLUSION. 

"In  concluding  the  report,  I  am  not  unmindful  of  the  fact  that  during  the 
critical  times  during  the  different  military  campaigns,  when  in  a  moment's  no- 
tice, and  without  hesitation  or  a  second's  delay,  it  became  necessary  to  act 

[99] 


100          BULLETIN  OF  THE  UNIVERSITY  OF  WISCONSIN 

CIVIL  AND  MILITARY  AUTHORITY 

The  general  quartering  of  troops  throughout  the  district, 
their  spectacular  activity,  and  especially  such  events  as  the  ar- 
rests of  public  officials,  newspaper  men,  etc.,  caused  much  ex- 
citement, and  at  times  aroused  strong  public  indignation.  Hot- 
heads were  not  lacking  with  all  sorts  of  suggestions  for  retal- 
iation. The  sheriff's  office  was  besieged  with  demands  that  he 
should  form  a  posse,  and  take  the  prisoners  out  of  the  "bull 
pen"  by  force,  and  had  the  sheriff  been  a  stronger  man  seri- 
ous trouble  might  have  been  precipitated.  The  county  com- 
missioners showed  their  cool  headedness  by  calling  in  as  expert 
counsel  Ex-Governor  Thomas,  and  United  States  Senator  Pat- 
terson, both  attorneys  of  large  experience.32  These  men  argued 
and  advised,  and  explained  between  the  various  parties,  and 
wielded  an  important  influence  in  keeping  the  situation  from 
the  breaking  point. 

The  friction  between  the  civil  and  military  authorities  found 
its  way  into  the  courts.  Friends  of  Chas.  Campbell,  H.  H.  Mc- 
Kinney,  Sherman  Parker,  and  James  Lafferty  made  applica- 
tion in  the  district  court  for  writs  of  habeas  corpus,  and  Judge 
Seeds  issued  writs  returnable  on  Sept.  18th.  Upon  the  date 
set  counsel  appeared  for  the  militia  officers  and  moved  to  quash 
the  return.  The  court  set  the  hearing  of  the  motion  for  Sept. 
21st.  Lieutenant  McClelland  appeared  on  the  morning  of  the 
21st,  and  asked  permission  to  file  an  amended  return.  This 
Judge  Seeds  permitted  but  declared  that  it  was  imperative  that 
the  prisoners  should  be  produced  in  court.  The  militia  officers 
answered  in  a  significant  way.  Ninety  cavalrymen  rode  to  the 
court  house  and  surrounded  it;  the  court  was  cleared,  and  only 
court  officers  and  members  of  the  bar  permitted  to  pass  in.  A 


quickly ;  the  point  of  law  is  that,  when,  in  a  Constitution  or  a  statute,  the 
powers  of  a  military  commander  are  defined  or  decided  upon  as  a  military  neces- 
sity, the  definition  is  exclusive.  The  definition  of  "Military  Necessity"  is  very 
respectfully  submitted,  viz. : 

"Military  necessity  recognizes  no  laws,  either  civil  or  social." 
See  also  Ray  Stannard  Baker  in  McClure's  Magazine,  March,  1904. 
82  Both  are  prominent  Democrats,  and  stand  among  the  leaders  of  the  party 
in  Colorado. 

[100] 


RASTALL HISTOKY   OF   THE    CKIPPLE    CKEEK   STRIKE      101 

company  of  infantry  escorted  the  prisoners  to  the  court  house, 
and  fourteen  men  with  loaded  guns  and  fixed  bayonets  entered 
the  court  room  with  them.  Next  day  the  prisoners  did  not  ap- 
pear  at  all,  though  the  court  issued  two  orders  for  them.  On 
the  23d,  the  court  house  was  again  suurounded  by  a  large 
body  of  infantry  and  cavalry;  a  gatling  gun  was  placed  in  the 
street  in  front;  and  a  detail  of  sharpshooters  occupied  the  roof 
of  the  National  Hotel  across  the  way.  Under  a  guard  of  35 
soldiers  the  prisoners  were  then  allowed  to  appear.  The  same 
proceedings  were  repeated  on  the  24th. 

Judge  Seeds  decided  the  cases  in  favor  of  the  petitioners,  and 
ordered  them  released.  In  his  decision  he  reviewed  the  conditions 
under  which  the  militia  were  present  in  the  district;  examined 
at  length  the  habeas  corpus  law;  and  cited  the  constitution  of 
Colorado  which  declares  that  the  militia  shall  always  be  in 
strict  subordination  to  the  civil  power.33  He  admitted  that  the 
military  commanders  had  the  right  to  make  arrests,  but  de- 
clared that  the  persons  arrested  must  be  turned  over  immediate- 
ly  to  the  civil  authorities.  General  Chase  refused  to  obey  the 
order  of  the  court,  and  took  the  prisoners  back  to  the  "bull 
pen."  Later  in  the  day  they  were  released  upon  telegraphic 
orders  from  Governor  Peabody.  Other  writs  were  granted 
from  time  to  time  and  recognized  by  the  militia  officers,  but 
the  men  were  often  rearrested  immediately  thereafter,  and  the 
orders  of  the  court  thus  as  effectively  thwarted  as  though  they 
had  not  been  obeyed. 

The  presence  of  the  National  Guard  had  the  desired  effect 


88  Constitution  of  Colorado. 

ARTICLE  II. 
WRIT  OF  HABEAS  CORPUS: 

Section  21.     That  the  privilege  of  the  writ  of  habeas  corpus  shall  never  be 
suspended,  unless  when  in  case  of  rebellion  or  invasion,  the  public  safety  may 
require  it. 
MILITARY  SUBORDINATE  TO  CIVIL  POWER: 

Section  22.  That  the  military  shall  always  be  in  strict  subordination  to  the 
civil  power ;  that  no  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner,  nor  in'  time  of  war,  except  in  the  manner 
prescribed  by  law. 

From  the  opinion  of  Judge  Seeds  "There  could  be  no  plainer  statement  that 
the  military  should  never  be  permitted  to  rise  superior  to  the  civil  power  within 
the  limits  of  Colorado." 

[101] 


102  BULLETIN  OF  THE  UNIVERSITY  OF   WISCONSIN 

in  facilitating  the  opening  of  the  mines.  Within  a  week  after 
the  arrival  of  troops  the  Findlay,  Strong,  Elkton,  Tornado, 
Thompson,  Ajax,  Shurtloff,  and  Golden  Cycle  had  started  up 
with  small  complements  of  men.  On  Sept.  17th,  seventy  strike 
breakers  arrived  under  military  guard,  and  next  day  three  car- 
loads more  came  into  camp.  Numbers  of  federation  members, 
out  of  sympathy  with  the  strike  and  the  organization,  and  as- 
sured of  protection,  returned  to  work.  The  mine  owners  issued 
an  estimate  on  October  10th,  showing  2,900  men  employed,  of 
whom  1,200  were  union  men  employed  by  the  Portland  and  other 
"fair"  mines. 

The  Mine  Owners'  Association  had  agents  in  a  number  of 
states  offering  a  three  dollar  wage  and  transportation,  to  men 
who  would  take  work  at  Cripple  Creek.  They  were  not  always 
careful  to  say  that  there  was  a  strike  in  progress  in  the  dis- 
trict, and  the  men  were  often  unaware  of  the  conditions  until 
their  arrival,  when  they  were  practically  forced  to  go  to  work. 
On  Sept.  19th,  a  number  of  new  arrivals  were  being  escorted 
to  the  Independence  Mine  by  a  company  in  charge  of  Lieuten- 
ant Hartung,  when  one  of  the  number  broke  away  and  called 
to  his  fellows  not  to  go  to  work  but  to  follow  him.  The  lieu- 
tenant tried  to  arrest  the  man,  and  upon  his  continuing  to  run 
fired  at  him.  A  warrant  was  issued  for  Lieutenant  Hartung, 
tat  the  military  officers  would  not  allow  it  to  be  served.34 


»*The  warrant  was  sworn  out  upon  affidavit  made  before  Notary  Abby  C. 
Coldwell  by  Emil  Peterson,  the  man  shot  at,  and  his  companion  Carl  Hanson. 
The  latter  part  of  the  affidavit  is  as  follows: 

"On  the  8th  of  September  I  went  to  Duluth  to  get  work.  At  Duluth  B.  B. 
Gilbert  &  Co.  labor  agents,  5  South  avenue,  west,  employed  me  to  go  to  work 
In  the  Colorado  gold  mines.  I  was  to  get  from  .$3  to  $5  per  day  to  fire  boilers 
In  the  mine.  I  was  shipped  here  from  Duluth.  Mine  owners  of  Cripple 
Creek  advanced  me  $18  for  car  fare.  The  company  would  pay  this  if  we 
contracted  to  work  a  month.  About  seventy-five  men  were  shipped  from  Du- 
luth. I  don't  know  how  many  quit  on  the  way.  Others  joined  at  St.  Paul, 
making  near  150  altogether.  I  think  that  about  eighty  of  these,  of  whom 
only  five  had  ever  worked  in  a  mine  arrived  last  night,  Friday,  September  IS. 
B.  B.  Gilbert  and  Co.  told  us  there  was  no  strike  in  Cripple  Creek.  They  had 
a.  newspaper  in  the  office,  saying :  'No  strike  in  Gold  Camp ;  all  men  go  to 
work.'  At  Colorado  Springs  we  discovered  there  was  a  strike.  Men  with 
spectacles  on  who  said  they  were  mine  lessees  met  us  in  Colorado  Springs 
and  came  on  with  us.  I  stayed  last  night  at  the  Rhodes  house  with  a 
party  of  ten.  We  took  breakfast  and  then  went  to  a  building  near  where  the 
shooting  occurred.  Here  there  were  many  others.  The  men  were  lined  up  and  an 

[103] 


RASTALL HISTORY   OF   THE    CRIPPLE    CREEK   STRIKE      103 

The  number  of  troops  in  the  district  was  gradually  reduced  dur- 
ing October  and  November,  the  reports  of  the  Adjutant  show- 
ing 498  men  on  duty  November  30th.35 

officer  said ;  'Come  on  boys,  go  to  work.'  I  said  out  loud  in  Spanish,  'Dou't 
go  to  work.'  I  started  to  run  and  he  fired  at  me  with  a  pistol.  I  ran  zig- 
zag to  avoid  the  bullet.  He  fired  once.  I  got  away." 

The  militia  based  its  action  on  section  15,  chapter  63,  Session  Laws,  1897. 
No  person  belonging  to  the  military  forces  of  the  State  shall  be  arrested  011 
any  civil  process  while  igoing  to,  remaining  at,  or  returning  from  any  place 
at  which  he  may  be  required  to  attend  to  military  duties. 

85  For  full  accounts  of  the  numbers  and  distribution  of  the  men  during  the 
whole  period  of  operations,  see  Adjutant's  Report  in  Biennial  Report  of  Adju- 
tant General,  1903-4,  pp.  127-140. 


[103] 


104  BULLETIN  OF  THE  UNIVERSITY   OF  WISCONSIN 


CHAPTER  IV 

TELLER  COUNTY  UNDER  MILITARY  RULE 

ATTEMPTED  TRAIN  WRECKING  AND  VINDICATOR  EXPLOSION 

An  apparent  attempt  was  made  to  wreck  a  Florence  and 
Cripple  Creek  passenger  train  on  the  night  of  Nov.  14th. 
Spikes  and  fish  plate  bolts  were  removed  from  the  rails,  but  the 
track  not  entirely  separated,  and  the  tram  passed  the  point  in 
safety.  Two  nights  later  a  second  attempt  was  made  at  a  point 
near  Victor.  The  track  makes  a  sharp  curve  around  a  project- 
ing hillside  at  this  place,  and  a  train  leaving  the  rails  would  roll 
300  feet  down  a  precipitious  slope  to  the  bottom  of  a  ravine. 
The  destruction  of  life  in  a  crowded  accommodation  train  of 
light  coaches  could  not  but  be  terrible.  But  the  train  was 
warned  and  passed  in  safety.1 

Next  morning  detectives  Scott  and  Sterling2  came  to  the  office 
of  Judge  Seeds  and  stated  that  they  had  received  information 
of  the  intended  attempt  at  wrecking  the  night  before,  and  had 
watched,  viewing  the  operation  and  identifying  the  men.  They 
were  ready  they  said  to  make  informations,  but  were  afraid  the 
sheriff's  office  would  in  some  way  allow  the  men  to  escape,  and 
asked  for  the  issue  of  bench  warrants  which  they  could  serve 
direct.  Later  in  the  day  H.  H.  McKinney  and  Thomas  Foster 
were  arrested  by  a  squad  of  militia,  and  charged  with  the  of- 


1  General  Manager  Jesse  Waters  of  the  F.  &  C.  C.  R.  R.,  in  a  signed  interview 
Nov.  18th,  said  two  men  in  the  attempt  were  known  and  would  be  arrested. 
Referring  to  a  report  that  the  attempts  had  been  made  by  union  men,  he  said : 
"We  have  too  much  respect  for  Union  Men  to  think  for  a  moment  that  any 
of  them  would  resort  to  such  methods.  *  *  *  *  "There  were  Union 
men  aboard  the  train."— Cripple  Creek  Times,  Nov.  18th,  1903. 

2D.  C.  Scott  was  the  detective  for  the  Midland  Terminal.  K.  C.  Sterling 
was  a  special  detective  in  the  employ  of  the  Mine  Owners'  Association. 

[104] 


RASTALL HISTORY   OF   THE    CRIPPLE    CREEK   STRIKE      105 

fence.     They  were  afterward  turned  over  to  the  civil  authori- 
ties. 

While  in  jail  McKinney  made  a  written  confession  to  detec- 
tives Scott  and  Sterling,  in  which  he  implicated  Thomas  Foster 
as  participant,  and  Sherman  Parker  and  W.  F.  Davis  as  ac- 
cessories.3 Later  he  made  another  written  confession  to  Frank 
!J.  Hangs,  the  Cripple  Creek  attorney  for  the  Federation,  in 
which  he  denied  the  statements  in  the  first  confession,  saying 
that  it  had  been  brought  to  him  already  prepared  and  signed 
under  promise  of  $1000.00,  and  immunity  from  punishment, 
and  transportation  for  himself  and  wife  to  any  part  of  the 
world,  and  that  he  believed  Scott  and  Sterling  had  secured  the 
confession  from  him  to  clear  their  own  skirts.  He  also  wrote 
a  letter  to  his  wife  which  contained  the  same  statements  as  those 
in  the  second  confession. 

Parker,  Davis,  and  Foster  were  charged  with  conspiracy  to 
commit  murder,  and  came  to  trial  in  the  District  Court  in  Feb- 
ruary 1904. 4  The  prosecution  rested  its  case  largely  upon  the 
testimony  of  McKinney.  He  now  swung  round  again ;  declared 
his  first  confession  to  be  true  and  the  second  one  false,  and  gave 
a  detailed  story  of  his  participation  in  two  train  wrecking  at- 
tempts. Parker,  he  said,  had  first  broached  the  matter,  and 
finally  offered  $500.00  for  the  job.  Foster  had  assisted  him  in 
the  first  attempt,  and  he  had  secured  Charles  Beckman  to  help 
him  the  second  time.  His  testimony  remained  unshaken 
through  a  most  searching  cross  examination. 

Mrs.  McKinney  corroborated  the  testimony  of  her  husband 
in  some  points.  Charles  Beckman  testified  that  he  had  become 
a  member  of  the  Federation  as  a  spy  for  the  Mine  Owners'  As- 
sociation, and  while  apparently  aiding  McKinney  had  been  keep- 
ing Detective  Sterling  posted  as  to  the  course  of  events.  De- 
tectives Scott  and  Sterling  swore  that  they  received  tips  from 
Beckman,  and  had  watched  the  men  make  the  attempt,  and 


•  The  three  were  prominent  union  men.     Sherman  Parker  was  president  of  the 
district  union.     W.  F.  Davis  was  president  of  Altman  union. 

*  District  Court  Records,  No.  752. 
People  vs.  Sherman  Parker  et  al. 

3  Mills  Annotated  Statutes.   Sec.   1421  A. 


[105] 


106  BULLETIN  OF  THE  UNIVERSITY  OF   WISCONSIN 

that  when  they  came  up  close  to  recognize  McKinney  the  men 
had  run  away. 

The  defense  attempted  to  show  that  Scott  and  Sterling,  being 
in  the  employ  of  the  mine  owners,  had  themselves  made  a  bogus 
attempt  at  train  wrecking,  and  bribed  and  frightened  McKinney 
into  a  perjured  confession  which  should  convict  union  officers 
and  throw  the  union  into  disrepute.5  McKinney  on  cross  ex- 
amination admitted  making  the  confession  to  Attorney  Hangs, 
but  declared  that  it  was  a  false  one.  He  also  admitted  writing 
the  letter  to  his  wife  which  contained  the  same  statements,  but 
said  he  had  lied.  The  defense  showed  that  McKinney  had  been 
given  unusual  privileges  at  the  jail,  being  sent  out  to  his  meals 
and  allowed  to  spend  some  time  with  his  wife  away  from  the 
jail,  and  that  both  himself  and  wife  had  been  furnished  with 
new  outfits  of  clothing.  McKinney  said  he  did  not  know  who 
paid  for  the  clothes  and  meals,  but  that  it  might  have  been 
Sterling.  He  denied  that  the  detectives  had  promised  him 
money  or  immunity  from  punishment,  and  said  that  they  had 
merely  promised  to  use  their  influence  to  secure  leniency  for 
him. 

Victor  W.  Mather,  a  butcher  employed  in  the  union  store  at 
Victor,  swore  to  having  been  walking  along  the  F.  &  C.  C. 
tracts  upon  the  night  of  Nov.  16th  going  to  his  home,  and  to 
have  come  upon  two  men  tampering  with  the  rails.  They  ran 
away,  but  he  got  close  enough  to  have  a  good  look  at  them,  and 
identified  them  upon  the  stand  as  Scott  and  Sterling.  En- 
gineer Rush  of  the  F.  &  C.  C.  By.  testified  that  Detective  Scott 
had  asked  him  where  the  best  place  would  be  to  wreck  a  train, 
and  that  he  had  told  him  of  the  place  where  the  attempt  was 
made.  J.  C.  Moore,  section  foreman  for  the  F.  &  C.  C.  By. 
testified  that  on  the  morning  after  the  attempt  he  went  to  the 
place  where  the  rails  had  been  tampered  with,  and  found  in 
the  fresh  snow  the  tracks  of  two  men  coming  down  to  the  rail- 
road. There  were  tracks  going  down  from  the  road,  but  the 
men  had  been  running  and  slipping  and  he  could  not  tell  any- 


5  The  charges  In  train  wrecking  cases  were  made  the  principal  basis  for  de- 
claring Teller  County  in  a  state  of  rebellion.  See  Governor's  proclamation, 
Dec.  4th. 


[106] 


EAST  ALL HISTORY  OF  THE  CRIPPLE  CHEEK  STRIKE   107 

thing  about  the  footprints.  He  measured  one  of  the  tracks 
above  the  railroad  carefully,  and  said  Scott  told  him  it  was 
his.  There  were  the  tracks  of  two  men  only  on  the  hill  at  this 
point.  A  number  of  witnesses  testified  that  Beckman  had  tried 
to  persuade  them  to  commit  various  acts  of  violence  to  win  the 
strike.  Others  testified  to  prove  an  alibi  for  Foster.  It  was 
shown  that  a  number  of  union  men  were  on  the  train  that 
would  have  been  wrecked  had  the  attempt  been  successful.6 

District  Judge  Lewis  of  Colorado  Springs  presided  at  the 
trial,  and  the  jury  was  selected  from  a  special  venire  of  80 
chosen  from  points  of  the  county  outside  the  mining  area.  Most 
of  the  jurors  were  ranchmen  or  timbermen,  and  none  were 
miners  or  union  men.7  The  jury,  in  about  half  an  hour,  brought 
in  a  verdict  of  not  guilty. 

MJeKinney  on  the  witness  stand  had  testified  as  follows: 
"Q.  Mr.  McKinney,  as  I  understand  you,  you  agreed  to 
wreck  a  railroad  train  for  $500,  is  that  correct?  A.  I  believe 
so,  yes.  Q.  And  you  were  going  to  share  that  with  your  part- 
ners in  crime,  is  that  correct?  A.  I  suppose  so.  Q.  So  that 
for  $250  you  were  willing  to  plunge  the  souls  of  men  into  etern- 
ity in  that  way  by  wrecking  the  train ;  you  were  willing  to  kill 
men  for  $250,  is  that  correct?  A.  Looks  that  way.  Q.  You 
undertook  the  job  of  killing  them  for  $250?  A.  Yes,  sir.  Q. 
Now  are  you  in  that  same  frame  of  mind  now  that  you  would 
kill  men  for  $250?  A.  I  might  under  the  same  circumstances." 
He  was  either  a  criminal  of  the  worst  type  according  to  his 
own  confession,  or  a  man  who  had  endeavored  to  perjure  other 
men  to  their  death.  Judge  Lewis  after  the  trial  refused  to  ad- 
mit him  to  bail.  Several  weeks  later  his  case  was  nolled  on 
the  ground  of  his  having  turned  state's  evidence  and  his  com- 
panions in  the  crime  having  been  set  free.8  He  was  then 


8  The  digest   of  testimony    given'  here    was   made    from   the    manuscripts   of 
the  court  stenographers. 

7  Charles  Matthews,  'John  Lee,  Aaron  Smith,  F.  M.  Longevell,  A.  S  Chadwick, 
W.  J.  Lindsay,  David  Vauighn,   C.  D.  Profit,   J.  A.   M.   Smith,   F.  B.  Robinson, 
BJ.  A.  Eiswerth. 

8  See    written    brief    by     district    attorney   filed  with,    case    papers   N.   752. 
Such   proceedings   are    taken   under  the   general   doctrine   that   where   a  person 
fully  and  impartially  discloses  aW   of  his  connection  with  a  crime  for  the  in- 
formaton  of  the  state,  thus  leadng  to  the  detection  of  others,  the  implied  faith 

[107] 


108  BULLETIN  OF  THE  UNIVERSITY  OF  WISCONSIN 

arrested  charged  with  perjury,9  but  released  on  bond  furnished 
by  S.  D.  Crump,  the  attorney  for  the  Mine  Owners'  Association, 
and  W.  M.  Bainbridge,  superintendent  of  the  El  Paso  Mine. 

On  Nov.  21st,  while  Chas.  H.  McCormick,  Superintendent, 
and  Melvin  Beck,  shift  boss,  of  the  Vindicator  Mine,  were  de- 
scending the  shaft,  an  explosion  occurred  which  wrecked  the 
cage  and  killed  both  men  instantly.  The  explosion  took  place 
at  the  600  foot  level  where  no  work  was  being  done,  and  as  a 
shattered  pistol  and  pieces  of  copper  wire  were  found  it  was 
generally  supposed  to  have  been  the  result  of  deliberate  intent. 
The  Mine  Owners'  Association  accused  the  "Western  Federation 
of  Miners  'with  causing  the  explosion,  and  offered  a  reward  of 
$5,000  for  evidence  leading  to  the  conviction  of  the  perpetrator, 
but  no  such  evidence  was  found. 

The  mine  was  under  military  guard  at  the  time,  and  no  union 
man  was  allowed  to  enter  it.  The  600  foot  level  was  connected 
with  other  unused  surface  openings  and  might  have  been  en- 
tered through  one  of  these,  but  careful  search  failed  to  reveal 
any  evidence  of  such  action.  Sheriff  Robertson,  Deputy  Dis- 
trict Attorney  Cole,  and  employees  of  the  mine,  made  a  care- 
ful search  of  the  property  immediately  after  the  explosion,  and 
came  to  the  conclusion  that  the  person  who  took  the  explosives 
into  the  mine  did  so  through  the  working  shaft.10 

A  STATE  OF  INSURRECTION  AND  REBELLION 

Governor  Peabody  held  conferences  during  the  latter  part 
of  November  with  officials  and  prominent  members  of  the 


of  the  government,  although  not  expressed,  is  given  to  him  that  he  shall  not 
suffer  in  consequence  thereof.  Such  doctrine  is  cited  from  various  authorities 
by  the  district  attorney. 

9On    information    by     Frank     J.     Hangs    one    of    the   federation    attorneys. 

Following  the  deportations  of  June,  (See  chapter  V.)  the  case  was  dismissed 
by  the  request  of  Mr.  Hangs,  who  stated  that  his  witnesses  had  been  forced 
to  leave  the  district. 

"The  following  is  the  coroner's  verdict,  after  a  careful  examinaton  of 
all  the  evidence  available: 

"From  examination  made  at  the  mine  and  the  evidence  introduced,  this 
jury  is  unable  to  determine  the  exact  cause  of  said  explosion. 

(Signed.)     "JOHN   KETELLSEN» 

"Foreman." 

[108] 


RASTALL HISTORY   OF   THE    CRIPPLE    CREEK    STRIKE       109 

Cripple  Creek  Citizens  Alliance,  and  the  Mine  Owners'  Associa- 
tion, and  on  Dec.  4th  issued  a  proclamation  declaring  Teller 
County  to  be  in  a  state  of  insurrection  and  rebellion.  The  pro- 
clamation recited  the  attempts  at  train  wrecking,  and  the  Vindi- 
cator mine  explosion;  declared  a  state  of  general  lawlessness 
to  exist  in  the  county,  and  the  civil  authorities  to  be  making 
"no  practical  attempt  to  preserve  order  and  to  protect  life 
and  property:"  and  concludes:  "Now  therefore,  I,  James  H. 
Peabody,  governor  of  the  State  of  Colorado,  by  virtue  of  the 
authority  in  me  vested,  do  hereby  proclaim  and  declare  the 
said  County  of  Teller,  in  the  State  of  Colorado,  to  be  in  a 
state  of  insurrection  and  rebellion."11  Major  H.  A.  Naylor, 
protected  by  a  detail  of  50  cavalrymen,  read  the  proclamation 
on  the  streets  of  Victor,  Goldfield,  Independence,  and  Altman. 
The  people  assembled  to  hear  their  state  of  rebellion  declared, 
and  then  returned  quietly  to  their  homes. 

The  district  had  been  under  military  guard  for  three  months, 
and  500  men  were  still  in  the  field.  A  large  percentage  of  the 
mines  were  successfully  working,  and  outwardly  at  least  good 


11  At  the  time  of  the  proclamation  not  a  single  unserved  warrant  was  in  the 
hands  of  the  sheriff.  A  number  of  men  were  in  confinement  at  the  county 
jail  on  charges  growing  out  of  the  strike  difficulties.  Among  them  were 
Sherman  Parker  and  W.  F.  Davis,  charged  with  being  accessories  to  the 
attempted  train  wrecking,  held  under  failure  to  raise  $30,000  bonds.  Three 
other  men  were  held  on  the  same  charge  under  $15,000  bonds,  and  four  men  held 
under  bonds  of  $15,000  each,  charged  with  causing  the  Vindicator  explosion.  All 
were  later  acquitted  by  the  courts,  or  their  cases  nolled. 

Judge  Seeds  in  a  card  to  the  public  Dec.  4th,  said  in  part: 

"At  no  time  "since  the  advent  of  the  military  in  this  district  has  any 
prisoner  charged  with  crime  by  that  authority  been  discharged  or  released 
by  this  court  under  habeas  corpus  proceedings  or  otherwise,  and  in  all  cases 
where  discharge  has  been  granted  by  habeas  corpus  it  has  been  purely  for 
lack  of  information  authorizing  or  even  suggesting  to  the  court  the  commis- 
sion of  any  offense  or  the  violation  of  any  public  law  on  the  part  of  the  in- 
dividual detained.  In  all  other  cases  where  either  affidavit  or  information 
has  been  filed  against  such  individual  for  the  commission  of  any  offense,  he 
has  been  remanded  to  the  custody  of  the  sheriff  of  Teller  County  and  bail 
fixed  commensurate  with  the  offense  charged." 

The  two  other  district  judges  were  Louis  W.  Cunningham,  and  Robert  E. 
Lewis.  Judge  Lewis  was  a  Republican,  appointed  by  Governor  Peabody  and 
elected  through  the  influence  of  the  mine  owners.  He  was  a  man  of  ability 
and  integrity,  and  had  full  authority  to  sit  in  Teller  County  at  all  times. 
Judge  Cunningham,  a  Democrat,  had  a  wide  reputation  among  all  parties  for 
conservative  judgment,  and  for  intolerance  for  crime  committed  under  any  cir- 
cumstances whatsoever. 

[109] 


110  BULLETIN  OF  THE  UNIVERSITY  OF   WISCONSIN 

order  prevailed  throughout  the  district.  The  declaration  is 
most  surprising  under  such  circumstances.  Governor  Peabody 
explained  in  interviews  that  his  only  intention  had  been  to  es- 
tablish a  limited  martial  law  to  enable  the  militia  to  hold  men 
who  had  been  released  by  the  civil  courts  "on  flimsy  or  what- 
ever pretexts/'12 

But  the  military  authorities  did  not  interpret  their  power  to 
lie  within  any  such  narrow  limits.  General  Bell  issued  a  state- 
ment on  December  5th,  of  which  paragraphs  are  quoted. 

"The  County  of  Teller,  in  consequence  of  the  occupation  of 
the  militia,  is  subject  to  the  supreme  military  authority  and 
control  when  necessity  requires  and  occasion  demands,  and  it 
becomes  necessary  to  suspend,  in  part  or  its  entirety,  by  the 
occupying  military  authority,  of  the  criminal  and  civil  law  and 
of  the  domestic  administration  and  government  in  the  occupied 
place  or  territory,  and  in  the  substitution  of  military  rule  and 
force  for  the  same,  as  well  as  in  the  dictation  of  general  laws, 
as  far  as  military  necessity  requires  this  suspension,  substitu- 
tion or  dictation. 

' '  The  militia  may  proclaim  that  the  administration  of  all  civil 
and  penal  law  shall  continue  either  wholly  or  in  part  as  in 
times  of  peace,  unless  otherwise  ordered  by  the  military  author- 
ities. 

"As  martial  law  is  executed  by  military  force  it  is  incumbent 
upon  those  who  administer  it  to  be  strictly  guided  by  the  prin- 
ciples of  justice,  honor,  and  humanity — virtues  adorning  a 
soldier  even  more  than  other  men." 

Lieutenant  Libby,  adjutant  of  the  district,  proclaimed  Teller 
County  to  be  "in  possession  of  the  military  forces  of  the  State 


12  From    interview    published    generally    in    Colorado    papers    Dec.    6th. 

"There  has  been  no  provost-marshall  appointed,  nor  will  there  be  any. 
The  same  holds  igood  with  the  provost  court,  about  which  I  have  read.  The 
civil  courts  will  continue  as  they  have  of  old ;  likewise  the  civil  authorities. 
The  military  is  authorized  to  overstep  them  only  in  certain  instances.  The 
only  purpose  of  the  establishment  of  the  qualified  martial  law  is  to  hold  men 
who  have  been  released  by  the  civil  courts  on  flimsy  or  whatever  pretexts. 
It  is  only  in  the  case  of  such  persons  that  the  writ  of  habeas  corpus  will 
be  suspended.  The  press  will  not  be  molested  any  more  than  it  has  been  since 
the  beginning  of  the  strike." 


[110] 


RASTALL HISTORY    OF    THE    CRIPPLE    CREEK   STRIKE      HI 

of  Colorado  *  *  *  The  military  district  commander  will 
therefore  cause  the  county  to  be  governed  until  the  restoration  of 
municipal  authority."  The  assemblage  of  people  in  the  streets 
either  by  day  or  night  was  forbidden ;  all  persons  were  warned 
to  surrender  their  arms  or  munitions  of  war  of  any  kind  to  the 
military  commanders  upon  penalty  of  imprisonment;  and  it 
was  declared  that  no  publication  reflecting  upon  the  govern- 
ment of  the  State  of  Colorado  or  "upon  the  action  or  actions 
of  the  military  forces  of  the  State  of  Colorado"  would  be  per- 
mitted.13 

Having  made  their  proclamations  the  militia  officers  pro- 
ceeded to  act.  Military  camps  were  formed  in  the  various 
towns  and  cities.  The  local  police  officers  were  deposed,  and 
their  places  taken  by  militiamen,  who  patrolled  the  streets 
night  and  day.  Major  Naylor  proceeded  to  the  office  of  the 
Victor  Record  and  informed  the  editor  that  a  censorship  had 
been  placed  upon  his  paper.  He  was  instructed  to  print  only 
ordinary  news  items.  Articles  criticising  the  militia  or  state 
administration  were  forbidden,  and  the  official  statements  of 
the  miners  unions  were  to  be  barred.  The  editorial  already 
prepared  for  the  next  morning  was  ordered  stricken  out,  and 
the  paper  appeared  with  the  space  blank  and  black  margined.14 


18  Extract  from  proclamation: 

All  persons  in  possession  of  arms,  equipments  and  munitions  of  war  of 
every  description  are  required  to  surrender  the  same  on  or  before  12  o'clock 
noon,  Tuesday,  December  8,  1903,  to  the  military  district  commander,  taking 
his  receipt  for  the  same.  Any  person  or  persons  failing  to  surrender  the  said 
arms,  equipments  and  munitions  of  war  shall  be  arrested  and  confined  in 
the  military  prison  and  further  punished  as  occasion,  may  require. 

No  publication,  either  by  newspapers,  pamphlets,  or  handbill,  reflecting  In 
any  way  upon  the  United  States  and  the  State  of  Colorado,  will  be  permitted, 
and  all  articles  of  news  or  editorial  comment  or  correspondence,  making  com- 
ment upon  the  action  or  actions  of  the  military  forces  of  the  State  of  Colo- 
rado or  of  the  organization  above  referred  to  will  not  be  tolerated. 

All  assemblages  of  people  in  the  streets,  either  by  day  or  by  night  tend  to 
disorder,  and  are  forbidden. 

The  proclamations,  cards,  and  orders  of  this  time  are  to  be  found  in  full 
In  the  Special  Report  of  the  Labor  Commissioner,  Senate  Document  No.  122, 
58th  Congress,  3rd  Session,  p.  207  and  following. 

For  the  Official  Military  Orders  see  Report  of  Adjutant  General  for  1903-4, 
p.  113  and  following. 

14  The  suppressed  editorial  is  here  given  in  full. 

"Martial  law  has  been  declared  in  Teller  County.  The  proclamation  was  is- 
sued at  noon  yesterday  by  Colorado's  governor.  The  reasons  given  by  the 

[iii] 


112  BULLETIN  OF  THE  UNIVERSITY  OF   WISCONSIN 

Arms  were  received  in  considerable  numbers,  some  registered 
and  returned,  some  kept.15  It  became  apparent  immediately 

governor  are  principally  that  the  court  and  officials  In  this  county  have  not 
and  will  not  enforce  thfe  law.  Those  are  the  reasons  given  by  Peabody  for 
publication,  but  the  Record  believes  that  the  real  reason  is  that  the  troops, 
under  their  past  course,  have  failed  to  break  the  strike,  at  least,  in  a  man- 
ner satisfactory  to  the  mine  owners  of  the  district. 

"It  is  our  opinion  that  a  larger  bull  pen  Will  be  established  and  that  within 
a  few  days  every  labor*  leader  and  every  man  who  cannot  give  a  good  ex- 
cuse for  not  being  at  work  will  be  arrested  and  confined  in  the  bull  pen. 

Words  cannot  be  found  strong  enough  to  condemn  this  action  on  the  part 
of  the  governor.  Many  people  believe  it  to  be  political.  It  is  stated  that 
if  this  was  a  Republican  county  there  would  have  been  no  martial  law  here, 
and  the  Record  believes  that  this  statement  is  right.  The  proposition  is  to 
drive  all  the  people  out  of  this  county  who  are  not  in  accord  with  the  present 
State  administration.  If  you  will  note  the  arrests  that  will  follow  this  proc- 
lamation of  Governor  Peabody  you  will  find  that  that  statement  will  be  veri- 
fied. Men  in  the  past  and  since  the  strike  begun  have  been  arrested,  it  is  our 
belief,  because  some  enemy  of  theirs  was  near  enough  to  the  powers  to  have 
it  done,  but  not  a  single  administration  enthusiast  has  been  arrested. 

"The  Record  believes  that  this  is  a  shame  on  the  courts  of  this  county 
Judge  Seeds  has  done  all  that  a  judge  could  do  and  has  given  the  mine 
owners  all  that  any  reasonable  people  could  ask  for.  How  much  more  bonds 
will  they  ask  for  than  $15,000,  as  in  the  case  of  Sherman  Parker  and  others 
confined  in  the  county  jail?  The  sheriff  of  this  county  has  been  as  active 
as  any  sheriff  could  be.  If  the  blowing  up  of  the  Vindicator  mine  was  mali- 
cious, why  didn't  they  capture  the  men  or,  if  they  have  the  right  man,  what 
is  the  necessity  of  declaring  martial  law?  If  they  have  the  evidence,  those 
men  can  be  convicted  without  any  extreme  exertion.  The  Record  believes  in 
the  full  enforcement  of  the  law  and  it  stands  ready  to  condemn  any  official 
who  does  not  do  his  honest  duty,  but  we  object  to  the  name  the  governor  of 
this  State  and  his  advisers  seem  determined  to  give  the  Cripple  Creek  district. 

"Talk  about  tyranny !  Where  can  you  point  to  more  tyranical  action  than 
that  which  has  been  practiced  by  the  military  since  they  were  sent  to  this 
district?  The  Record  does  not  know  at  this  time  how  far  it  will  be  allowed 
to  express  its  opinion  under  the  reign  of  military  law,  but  we  purpose  to 
proceed  just  as  if  we  lived  in  free  America.  We  want  to  do  justice  to  every- 
body and  propose  to  do  that  to  the  best  of  our  ability.  We  realize  that  Pea- 
body  is  governor  and  under  the  law  we  must  respect  his  order,  and  are  will- 
Ing  to  because  it  is  law,  but  until  the  order  is  issued  that  citizens  and 
newspapers  can  not  express  their  opinions  we  will  proceed  in  the  paths  of 
justice  as  we  construe  it." 

15  GENERAL  ORDERS 
No.  1. 

For  the  information  of  those  concerned,  the  following  paragraph,  an  extract 
from  proclamation,  dated  these  headquarters,  December  5,  1903,  is  referred  to: 

"All  persons  in  possession  of  arms,  equipments  and  munitions  of  war  of 
any  description  are  required  to  surrender  same  on  or  before  twelve  o'clock, 
noon,  Tuesday,  December  8,  1903,  to  the  Military  District  Commander,  taking 
his  receipt  for  same.  Any  person  or  persons  failing  to  surrender  the  said  arms, 
equipments  and  munitions  of  war  will  be  arrested  and  confined  in  military 
prison  and  further  punished  as  occasion  may  require." 

And  the  following  instructions  are  promulgated: 

"That  all   persons,   who  by   virtue   of  holding  warrant   as   a   police   officer, 

[113] 


KASTALL HISTORY   OF   THE    CKIPPLE    CHEEK   STRIKE      H3 

that  the  intention  was  to  disarm  only  members  of  the  unions 
or  their  friends.  The  Federation  officers  issued  a  circular  de- 
claring that  the  constitutional  right  to  bear  arms  could  not  be 
questioned,  and  advising  the  men  not  to  give  them  up.18  The 
men  concealed  their  weapons  and  kept  them,  and  the  militia 
made  frequent  forays  and  searches  in  the  endeavor  to  get  them. 
John  M.  Glover,  a  Cripple  Creek  attorney,  former  congressman 
from  Missouri,  issued  a  letter  through  the  press  defying  the 
militia  to  take  guns  from  his  office.17  Colonel  Verdeckberg  im- 
mediately ordered  his  arrest.  A  military  detail  went  to  the 
office  and  finding  it  locked  started  to  tie  the  door  with  the  in- 
tention of  starving  Glover  out.  Thinking  that  an  attempt  was 
being  made  to  break  in  Glover  fired  through  the  bottom  of  the 


marshal,  constable,  sheriff  or  deputy  sheriff,  or  persons  employed  as  watch- 
men over  property,  may  be  granted  permit  to  carry  arms,  ammunition  and  equip- 
ments in  the  discharge  of  their  lawful  duty,  by  the  Military  District  Com- 
mander upon  presentation  of  credentials  acceptable  to  him  and  upon  the  de- 
livery of  such  arms,  ammunition  and  equipments  for  registration  at  a  place 
designated,  which  is,  unti'l  further  orders,  at  his  headquarters  at  Camp  Gold- 
field,  Victor,  Colorado. 

"Any  person1  or  persons  selling,  loaning  or  in  any  way  distributing  any  arms, 
ammunition  or  equipments  shall,  before  the  execution  of  such  sale,  loan  or  de- 
livery, present  these  said  arms,  ammunition  or  equipments,  together  with  the 
credentials  of  the  party  to  whom  it  is  to  be  sold,  loaned  or  delivered,  as 
above  prescribed. 

"Citizens  may,  upon  presentation  as  above  stated,  be  permitted  to  have  and 
to  keep  at  their  homes,  or  at  their  place  of  business,  weapons  for  defense 
when  it  may  appear  such  is  necessary  in  the  protection  of  life  and  property 
In  the  judgment  of  the  Military  District  Commander. 

"By  order  of  Colonel  Verderberg. 

"H.  M.  LIBBT, 

"First  Lieutenant  and  Adjutant  First  Infantry, 
First  Brigade,  N.  G.  C.,  Adjutant  of  the 
District." 

ie «  *  *  *  *  we  nave  conferred  with  eminent  councel  in  regard  to  the 
matter,  and  herewith  enclose  a  copy  of  their  opinion,  by  which  you  will  see 
that  no  one,  whether  members  of  the  state  militia  or  not,  has  the  right,  for- 
cibly or  otherwise,  to  take  from  you  firearms,  and  if  they  do  so,  it  is  at  the 
peril  of  their  lives." 

This  was  enclosed  with  a  legal  opinion  by  attorneys  Richardson  &  Haw- 
kins of  Denver,  based  upon  the  following  section  of  the  Colorado  Constitution. 

Article  II,  Section  13.  That  the  right  of  no  person  to  keep  and  bear 
arms  in  defense  of  his  home,  person  and  property,  or  in  aid  of  the  civil  power 
when  thereto  legally  summoned,  shall  be  called  in  question,  but  nothing 
herein  contained  shall  be  construed  to  justify  the  practice  of  carrying  con- 
cealed weapons. 

"For  copy  see  Adjutant's  General's  Report,  p.  117,  also  Col.  Verdeckberg's 
Report,  same. 

8  [113] 


BULLETIN  OF  THE  UNIVERSITY  OF  WISCONSIN 

door.  The  guardsmen  ans'wered  with  a  fusilade,  and  Glover, 
shot  through  the  left  arm,  surrendered. 

The  following  order  was  issued  on  Dec.  30th. 

"Any  person  able  to  work  and  support  himself  in  some  honest 
and  respectable  calling  who  shall  be  found  loitering  or  strolling 
about,  frequenting  places  where  liquor  is  sold,  begging  or  lead- 
ing an  idle,  immoral  or  profligate  course  of  life,  or  not  having 
any  visible  means  of  support,  shall  be  deemed  a  vagrant. 

"Notice  is  hereby  given  that  from  and  after  January  7,  1904, 
all  vagrants  as  hereinbefore  defined,  who  shall  be  found  within 
any  of  the  cities  and  towns  or  any  part  of  Teller  County,  Colo., 
will  be  promptly  arrested  by  the  military  authorities  and  dealt 
with  according  to  law. 

"All  persons  within  the  said  territory  who  fall  within  the 
above  definition  of  a  vagrant  are  hereby  given  until  the  above 
mentioned  date  within  which  to  become  engaged  in  some  honest 
and  lawful  pursuit,  after  which  they  will  be  taken  into  custody 
fltithout  further  notice."18 

The  Federation  officers  posted  placards  declaring  that  the 
militia  could  not  carry  out  such  an  order,  and  urging  the  men 
to  stand  upon  their  rights.  Judge  Seeds  of  the  district  court 
granted  an  injunction  restraining  the  National  Guard  from  de- 
porting or  sending  out  of  the  district  any  members  of  the  West- 
ern Federation  of  Miners.  On  Jan.  8th  Colonel  Verdeckberg 
called  the  union  officers  to  a  conference,  and  said  that  the  mili- 
tia did  not  intend  to  molest  union  men  so  long  as  they  obeyed 
the  laws  and  did  not  stir  up  trouble. 

Military  rule  was  followed  by  more  general  arrests  of  union 
men.  Details  need  not  be  given.  Nearly  every  union  officer,  or 
union  man  who  made  himself  disagreeably  prominent,  found 
his  way  to  the  "bull  pen."  Some  were  kept  only  for  a  short 
time,  others  to  the  number  of  over  20  were  released  on  writs 
of  habeas  corpus  granted  by  Judge  Seeds.  Governor  Peabody 
announced  the  writ  of  habeas  corpus  suspended  in  the  case  of 
Victor  Poole,  and  the  militia  refused  to  honor  the  writ  issued 


18  Biennial  Report,  Adjutant  General,  p.  116.  "On  December  30,  1903,  all  ua- 
employed  men  were  notified  to  'leave  the  district,  in  a  proclamation  issued  by 
the  Military  District  Commander  as  follows:  ****»»  (gee  above). 

[114] 


HAST  ALT, HISTOEY  OF  THE  CRIPPLE  CREEK  STRIKE   115 

by  Judge  Seeds.  An  appeal  was  taken  to  the  Supreme  Court, 
but  a  final  decision  avoided  by  turning  Poole  over  to  the  civil 
authorities.19  The  submission  of  the  militia  to  the  courts  was 
still  more  apparent  than  real,  however.  The  men  released  under 
habeas  corpus  proceedings  were  rearrested  at  pleasure,  and 
thus  a  heavy  check  kept  upon  the  activity  of  the  unions. 

Squads  of  militia  forcibly  entered  union  meetings  and  took 
away  men.  James  A.  Baker,  a  member  of  the  executive  board 
of  the  Federation  from  Rossland,  B.  C.,  came  to  open  a  coopera- 
tive store  in  Goldfield.  Colonel  Verdeckberg  told  him  another 
store  was  not  needed,  and  gave  him  his  choice  of  leaving  the 
district  or  being  imprisoned.  M.  E.  White  of  the  executive 
board  of  the  American  Labor  Union  'was  arrested  immediately 
upon  his  arrival  at  Cripple  Creek,  confined  two  days,  and  then 
deported,  warned  never  to  return  again.  Five  men  were  ar- 
rested on  Jan.  9th  charged  with  being  agitators  and  having  no 
legitimate  means  of  support.  They  were  imprisoned  for  a 
week,  and  then  deported.  The  house  of  Mrs.  Mart  Morrison 
was  searched,  and  she  was  compelled  to  walk  to  Victor,  where 
she  was  released.20 

The  conditions  for  disinterested  citizens  became  at  times  al- 
most unbearable.  Some  of  the  lower  officers,  drunk  with  their 
temporary  power,  exercised  an  authority  that  amounted  to  petty 
tyranny  on  every  possible  occasion.  If  one  man  had  a  grudge 
against  another  he  had  only  to  report  him  to  the  military  author- 
ities as  an  agitator  to  secure  his  arrest.  If  a  man  were  over- 
heard making  disparaging  remarks  concerning  the  militia  he 
was  promptly  hustled  off  to  the  "bull  pen."  There  is  food  for 
thought  in  the  summary  of  the  situation  which  one  of  the  of- 
ficers gave  to  the  author:  "If  a  man  kept  his  mouth  shut  he 
was  all  right."  It  became  a  question  whether  one  could  go 
along  the  street  without  being  molested.  A  drunken  militiaman 
was  a  common  sight.  "Women  were  warned  to  stay  on  one  side 
of  the  way,  and  all  but  ridden  down  when  they  insisted  upon 


"Poole  was  tried  on  January  9,  1904,  on  the  charge  of  assault  with  Intent 
to  kill,  but  no  witnesses  appeared  against  him,  and  he  was  discharged. 

"A  large  number  of  other  arrests  were  made  upon  charges  of  drunkenness, 
disorderly  conduct,  abuse  of  patrols,  etc.  For  detailed  list  see  Biennial  Report, 
Adjutant  Qen&ral,  pp.  178-186. 

[115] 


116  BULLETIN  OF  THE  UNIVERSITY  OF  WISCONSIN 

crossing.  Teachers  were  stopped  and  turned  back  when  on  the 
way  to  school.  Sentries  stationed  near  the  Cripple  Creek  High 
School  sought  to  flirt  with  the  students  through  the  windows, 
and  threw  notes  into  the  building.21 

The  Mine  Owners'  Association  issued  a  statement  in  March, 
of  which  the  following  is  a  part : 

"The  avowed  purpose  of  this  association  is  to  drive  the  dis- 
turbing and  dangerous  element  of  the  Western  Federation  of 
Miners  from  the  district  and  from  the  state,  if  possible,  and  we 
call  upon  all  non-union  miners  and  the  citizens  at  large  to  assist 
us  in  this  effort.  The  welfare  of  the  district  demands  this,  and 
it  is  equally  imperative  that  the  non-union  miners  and  all  honest 
citizens  cooperate  with  this  association  to  secure  the  election 
of  public  officers  who  will  stand  for  law  and  order  on  all  oc- 
casions. 

"In  view  of  all  these  considerations,  and  with  the  determination 
to  eliminate  all  dangerous  characters,  it  is  our  purpose  to  estab- 
lish a  central  bureau  of  employment,  which  shall  receive  and 
act  upon  all  applications  for  work  in  all  the  mines  connected 
with  this  association.  This  method  will  secure  good  and  steady 
employment  for  all  good  workmen  and  decent  citizens,  and  will 
throw  out  all  those  who  are  in  harmony  with  the  unlawful 
methods  adopted  by  the  Western  Federation  of  Miners  on  so 
many  occasions."22 

This  was  followed  by  the  adoption  of  the  card  system,  which 


31  The  above  incidents  are  taken  from  a  number  of  accounts  by  non-partisan 
and  Indisputable  witnesses.  Too  much  must  not  be  said,  however,  that  would 
seem  to  heap  condemnation  upon  the  whole  rank  and  file  of  the  state  militia. 
It  was  not  of  their  own  wills  that  they  left  their  homes  and  occupations  to 
spend  rough,  uncomfortable  months  in  the  mining  camps,  but  in  necessary 
obedience  to  the  orders  of  their  superior  officers.  Many  of  them  were  union 
men,  and  hated  the  thought  of  being  called  out  against  workmen.  This  side 
of  the  case  found  little  recognition  among  the  striking  miners,  and  they 
heaped  abuse,  and  curses,  and  petty  insults  upon  the  militia  men  from  the 
start.  When  opportunity  came  for  retaliation  it  was  simply  human  nature 
to  make  payments  with  interest.  The  large  majority  of  the  men  were  gentle- 
men. They  indulged  in  the  "horse  play"  which  always  develops  when  a 
crowd  of  young  fellows  are  thrown  together  for  some  time,  but  this  must  not  be 
classed  with  such  acts  as  related  above.  It  is  a  misfortune  of  the  whole  Cripple 
Creek  difficulty  that  every  class  concerned  seems  to  have  to  be  Judged  by  its  worst 
members. 

22  Official  Published  Statement  of  the  Mine  Owners'  Association,  March  10, 
1904. 


[116] 


BASTALL HISTORY   OF   THE    CEIPPLE    CREEK   STEIKE 

prevented  any  member  of  the  unions  from  obtaining  employ- 
ment in  the  mines  or  mills'  of  the  district.23 

The  Federation  at  about  the  same  time  issued  a  flag  poster 
which  was  widely  distributed.  The  United  States  Flag  was 
printed  in  the  correct  colors,  with  an  inscription  in  black  letters 
on  each  stripe.  The  inscriptions  read  as  follows: 

"Martial  Law  Declared  in  Colorado! 

Habeas  Corpus  Suspended  in  Colorado! 

Free  Press  Throttled  in  Colorado! 

Bull  Pens  for  Union  Men  in  Colorado! 

Free  Speech  Denied  in  Colorado! 

Soldiers  Defy  the  Courts  in  Colorado! 

Wholesale  Arrests  Without  Warrant  in  Colorado! 

Union  Men  Exiled  from  Homes  and  Families  in  Colorado! 

Constitutional  Right  to  Bear  Arms  Questioned  in  Colorado ! 

Corporations  Corrupt  and  Control  Administration  in  Colo- 
rado! 

Right  of  Fair  Impartial  and  Speedy  Trial  Abolished  in  Colo- 
rado! 

Citizens  Alliance  Resorts  to  Mob  Law  and  Violence  in  Colo- 
rado! 

Militia  Hired  by  Corporations  to  Break  the  Strike  in  Colo- 
rado!" 

On  the  large  posters  there  was  also  a  picture  of  Henry  Maki, 
a  union  miner  of  Telluride,  as  he  had  appeared  on  March  2nd 
shackled  to  a  telephone  pole  because  he  refused  to  work  upon 
the  streets  as  ordered  by  the  militia.  Several  paragraphs  of 
comment  accompanied  the  picture,  and  at  the  top  was  the  ques- 
tion :  ' '  Is  Colorado  in  America  ? ' '  President  Moyer  was  arrested 
for  the  publication  of  this  poster,  charged  with  desecrating  the 
American  flag,  and  the  military  authorities  refused  to  release 
him  upon  the  order  of  the  courts.  The  famous  Moyer  Habeas 
Corpus  Case  was  the  result.2* 


"The  manager  of  the  Dorcas  Mill  was  notified  in  December,  1903  that  his 
mill  would  be  boycotted  unless  he  discharged  all  union  men  in  his  employ. 
The  plant  then  became  strictly  non-union. 

2*  Secretary  Haywood  was  tried  before  Justice  Hynes  of  Denver  on  the  same 
charge.  The  decision  was  for  defendant. 

[117] 


118  BULLETIN  OF  THE  UNIVERSITY  OF  WISCONSIN 

The  citizens  of  the  Cripple  Creek  District  remained  quiet, 
orderly,  and  self-contained  during  the  period  of  military  rule. 
The  movements  of  the  militia  itself  formed  the  only  evidence 
of  a  condition  of  " insurrection  and  rebellion"25  The  troops 
were  gradually  withdrawn  beginning  with  the  llth  day  of 
December,  and  by  January  16th  only  170  men  were  on  duty.26 
This  number  was  reduced  to  less  than  100  early  in  February, 
and  all  the  men'  were  finally  withdrawn  on  April  llth.27  The 
conditions  were  not  by  any  means  satisfactory.  Most  of  the 
mines  were  hampered  from  lack  of  men,  and  running  with  in- 
experienced men  was  proving  expensive.  But  the  mines  were  all 
being  operated  in  some  fashion,  and  the  strike  appeared  to  be 
at  an  end. 


25  The  Western  Federation  issued  a  proclamation  on  March  12.  One  paragraph 
is  given. 

"We  wish  once  again  to  call  the  public's  attention  to  the  fact  that  the 
Western  Federation  has  at  no  time  made  any  demand  of  the  mine  owners 
of  the  Cripple  Creek  district  other  than  that  they  withdraw  their  patronage 
from  the  mill  trust  in  order  that  living  conditions  might  be  secured  for  the 
employes  of  said  mills." 

'"•EXECUTIVE  ORDER. 

Whereas,  On  December  the  fourth,  1903,  I  did  issue  my  proclamation  de- 
claring the  county  of  Teller,  in  the  State  of  Colorado,  to  be  in  a  state  of  in- 
surrection and  rebellion ;  and, 

Whereas,  Since  that  date  the  conditions  within  said  county  have  been,  and 
are,  rapidly  changing,  and  peace  and  good  order  in  said  county  are  being  fully 
restored,  and  it  has  been  shown  to  me  that  the  civil  authorities  are  able  and 
willing  to  control  the  situation,  to  perform  their  legal  functions1  and  to  en- 
force the  law ;  it  is,  therefore, 

Ordered,  That  the  further  application  of  military  authority  under  such 
proclamation  shall  be,  and  hereby  is,  suspended,  and  the  provisional  detachment 
now  in  Teller  county  will  act  in  support  of,  and  in  subordination  to,  the 
legally  constituted  civil  authorities  of  said  county,  and  for  the  purpose  of  car- 
rying out  this  order  and  to  enable  the  civil  authorities  to  enforce  obedience  to 
law  and  to  protect  life  and  property,  a  suitable  detachment  of  the  National 
Guard  of  Colorado  will  remain  in  Teller  county,  under  command  of  Colonel 
Edward  Verdeckberg,  until  further  orders. 

This  order  to  become  operative  and  to  be  in  force  and  effect  from  and 
after  Tuesday,  February  2,  1904,  at  10  o'clock  a.  m. 

Given  under  my  hand  and  executive  seal  this  twenty-eighth  day  of  Janu- 
ary, A.  D.  1904. 

(Signed)    JAMES  H.  PBABODT, 
Governor  and  Commander-in-Chief. 

See  Biennial  Report  Adjutant  General  1903-1904,  p.  134. 

27  February  20th,  the  number  of  men  was  2.  Report  of  Adjutant  in  Biennial 
Report  of  Adjutant  General,  p.  135. 


[118] 


EAST  ALL HISTOEY  OF  THE  CEIPPLE  CEEEK  STEIKE   119 


CHAPTER   V 
THE  FINAL  CRISIS 

THE  SIXTH  DAY  OF  JUNE.  INDEPENDENCE  EXPLOSION  AND  EIOTS 

The  town  of  Independence  lies  in  a  deep  valley,  some  half  a 
mile  from  Victor  and  just  below  Altman.  The  station  of  the 
Florence  and  Cripple  Creek  Railroad  stands  high  up  on  the 
hillside  in  the  area  where  many  of  the  finest  mines  of  the  dis- 
trict are  located,  and  where  mining  operations  have  for  all  the 
district  been  most  concentrated.  The  mountain  roughness  is 
more  than  usually  evidenced  here  in  steep  hillsides  and  broken 
contours.  Dumps  from  the  mines  form  an  enormous  disorder 
through  which  the  railroads  tunnel,  over  which  they  run,  and 
against  the  encroachments  of  which  they  scarcely  protect  by 
constant  "riff  raffing."  Poorly  lighted,  gloomy,  full  of  pitfalls, 
abounding  in  chances  for  secret  work  and  concealment, — it  is 
a  spot  peculiarly  suited  to  the  perpetration  of  crime  and  deeds 
of  darkness.  It  is  in  a  sense  at  the  heart  of  the  mining  industry. 

Many  of  the  mines  change  shifts  at  two  o'clock  in  the  morn- 
ing. It  is  the "" grave  yard"  shift  that  goes  on  at  this  midnight 
hour,  and  the  railroads  furnish  special  cars  to  take  the  early 
night  shift  men  to  their  homes.  The  F.  &  C.  C.  E.  R.  train 
is  due  at  Independence  station  at  two  fifteen.  On  the  morning 
of  June  6th  it  whistled  for  the  station;  the  platform  crowded 
with  men  from  the  Findley  Mine;  then  there  came  a  fearful 
explosion,  and  the  air  was  filled  with  flying  earth,  and  timbers, 
and  the  dismembered  bodies  of  men.  Where  the  platform  had 
stood  was  a  yawning  hole  in  the  ground,  and  the  station  was 
wrecked  and  broken,  its  floors  blown  up,  its  walls  smashed  in, 
great  holes  torn  through  the  heavy  roof.  Men  were  blown  150 
feet  straight  up  the  hillside  and  mutilated  beyond  recognition. 

[119] 


120  BULLETIN  OF  THE  UNIVERSITY  OF  WISCONSIN 

Thirteen  men  out  of  twenty-seven  were  killed  outright,  and  the 
smashing  upward  blow  made  six  amputations  necessary.  At 
noon  the  next  day  men  were  still  picking  up  bits  of  flesh  and 
bone  in  tin  pails.  The  men  from  the  Shurtloif  mine  escaped  by 
being  a  minute  late.  They  were  running  for  the  station  when 
the  explosion  took  place. 

Word  was  at  once  sent  to  James  S.  Murphy,  the  manager  of 
the  Findley  Mine,  to  A.  E.  Carlton,  its  principal  stock  holder, 
and  to  Sheriff  Robertson.  At  3  o'clock  a  special  train  left 
Cripple  Creek  bearing  the  above  named  men,  deputy  sheriffs, 
doctors,  and  nurses.  The  space  around  the  depot  was  roped 
off  and  search  begun  immediately  for  clues.  The  broken  pieces 
of  a  revolver  were  found  nearby,  and  about  200  feet  of  wire 
running  to  one  of  the  nearby  dumps,  where  its  end  was  attached 
to  a  chair  rung.  A  telegram  was  sent  to  Canon  City  asking 
for  bloodhounds.1  The  bodies  of  the  men  were  removed  to  the 
coroner's  office  at  Victor.  The  Cripple  Creek  District  military 
companies  were  ordered  to  collect  at  once  at  the  armory  at 
Victor,  where  Major  Naylor  took  charge. 

The  news  of  the  explosion  spread  rapidly  in  the  early  morn- 
ing and  created  the  most  intense  excitement.  Most  of  the  mines 
shut  down,  few  of  the  men  even  reported  for  work,  business 
was  generally  suspended,  and  excited  groups  held  discussions 
everywhere.  By  common  consent  the  explosion  was  attri- 
buted to  the  Western  Federation,  and  the  most  ugly  rumors 
were  in  the  air — the  officers  of  the  unions  were  to  be  burned  at 
the  stake — every  union  man  was  to  be  driven  from  the  district. 
Union  men  and  non-union  men  alike  armed  themselves  to  the 
teeth,  and  prepared  for  whatever  should  happen.  The  situation 
seemed  of  its  own  accord  to  center  around  Victor.  General 
reports  went  out  of  a  mass  meeting  to  be  held  there,  trouble 
was  expected,  and  groups  of  men  went  constantly  in  that  direc- 
tion.2 


irniere  have  been  various  accounts  of  what  the  bloodhounds  did  when  put 
upon  the  trail,  but  they  succeeded  in  accomplishing  nothing. 

aThe  annual  convention  of  the  Western  Federation  of  Miners,  being  in  ses- 
sion at  Denver  at  the  time,  passed  the  following  resolution. 

"No.  87.  Whereas,  A  crime  has  been  committed  in  the  blowing  up  of  the 
Golden  Circle  depot  in  the  Cripple  Creek  District,  we,  the  delegates  of  the 

[130] 


EASTALL HISTORY  OF  THE  CEIPPLE  CREEK  STRIKE 

At  about  9  o'clock,  Manager  Murphy  of  the  Findley  Mine  and 
Major  Naylor,  of  the  militia,  called  at  Coroner  Doran's  office, 
and  forced  him  to  allow  the  removal  of  the  bodies  to  the  under- 
taking parlors  of  J.  H.  Hunt.  The  reason  given  was  that  Cor- 
oner Doran  was  understood  to  have  spoken  of  the  explosion  as 
"an  accident."  Later  in  the  morning  the  county  commis- 
sioners held  a  special  meeting  at  Victor.  It  was  decided  that 
Sheriff  Robertson  was  too  weak  a  man  to  handle  such  a  serious 
situation,  and  that  he  ought  to  leave  the  county  and  let  stronger 
hands  be  in  control.  Accordingly  when  the  sheriff  came  over 
from  Independence  he  was  met  by  the  commissioners,  who  in- 
sisted that  he  should  leave.  He.  consented  and  started  for  the 
train.  But  members  of  the  Mine  Owners'  Association  and 
Citizens  Alliance  had  held  a  meeting  meanwhile  and  decided 
upon  drastic  measures.  Their  committee  met  the  sheriff  and 
took  him  to  the  armory.  Here  a  written  resignation  was  pre- 
sented for  his  signature,  and  upon  his  refusal  a  noosed  rope  was 
shown  him,  several  shots  were  fired  outside,  and  he  was  told 
that  he  would  be  turned  over  with  the  rope  to  a  mob  that  was 
forming.  Then  the  sheriff  signed  the  paper  giving  up  his  of- 
fice.8 Marshall  O'Connell  of  the  city,  attempting  to  interfere 
and  disarm  the  mine  owners,  was  kicked  out  with  no  great  gen- 
tleness. 

The  county  commissioners  immediately  appointed  Edward 
Bell  sheriff.  He  had  been  Robertson's  opponent  for  nomina- 


twelfth  annual  convention  of  the  Western  Federation  of  Miners,  deplore  the 
act  as  a  most  dastardly  crime  and  condemn  the  perpetrators  thereof  as  en- 
emies of  the  Western  Federation  of  Miners  and  organized  labor  in  general,  and 
an  outlaw  at  large ;  and, 

"Whereas,  The  Secretary  of  the  Mine  Owners'  Association  has  sought  to  use 
the  sentiment  created  by  this  disaster  to  drive  all  union  men  out  of  the  dis- 
trict, and  in  consideration  of  the  above  statement,  be  it 

"Resolved,  That  we,  the  delegates  of  the  twelfth  annual  convention,  assem- 
bled, hereby  offer  a  reward  in  the  sum  of  $5,000,  to  be  paid  on  the  arrest 
and  conviction  of  the  perpetrators  of  the  crime. 

"Denver,  Colorado,  June  7,  1904." 

8  On  July  1st.  Mr.  Robertson  wrote  a  letter  to  the  board  of  county  com- 
missioners demanding  that  they  recognize  him  as  sheriff.  Later  he  made  writ- 
ten demand  upon  Sheriff  Bell  for  the  surrender  of  the  office,  saying  that  he 
had  been  forced  to  sign  a  resignation,  and  that  the  board  had  been  forced  to 
accept  it,  and  that  he  was  still  legally  in  office.  These  letters  receiving  no 
recognition  he  returned  to  the  district  and  made  some  personal  efforts  to 
secure  the  office,  but  without  success. 

[121] 


122  BULLETIN  OF  THE  UNIVERSITY  OF   WISCONSIN 

tion  on  the  Democratic  ticket  at  the  previous  convention,  and 
was  considered  a  strong  man  for  the  position.4  Bell  immed- 
iately discharged  under-sheriff  Burton,  and  appointed  in  his 
place  L.  F.  Parsons,  the  secretary  of  the  Citizens  Alliance.  A 
large  number  of  deputies  of  the  mine  owners'  choosing  were 
also  appointed. 

It  became  more  and  more  apparent  that  the  situation  was 
exceedingly  serious,  and  that  a  false  step  might  precipitate  a 
reign  of  terror  at  any  minute.  The  county  commissioners 
felt  strongly  that  a  mass  meeting  while  feeling  ran  so  high 
could  not  but  result  in  trouble,  and  they  requested  the  mine 
owners  to  give  up  their  intention  of  holding  the  afternoon 
meeting  at  Victor.  This  the  mine  owners  committee  agreed  to 
do,  but  failed  to  keep  its  word. 

At  the  corner  of  Fourth  and  Victor  Avenues,  almost  at  the 
center  of  the  business  portion  of  the  city  of  Victor,  there  is  a 
large  vacant  lot.  A  hillside  has  been  excavated  to  allow  it  to 
run  well  back,  and  buildings  of  considerable  size  complete  the 
boundry  of  its  two  interior  sides.  It  thus  forms  a  natural  am- 
phitheatre. Across  the  street  on  one  side  in  the  summer  of 
1904,  was  the  union  store,  and  across  the  street  on  the  other, 
the  miner's  union  hall.  It  was  for  this  place  that  the  mass 
meeting  'was  reported,  and  people  began  to  gather  there  early 
in  the  afternoon.  Marshall  O'Connell  of  Victor  hastily  ap- 
pointed about  100  union  men  as  deputy  policemen,  armed  them, 
furnished  them  with  badges,  and  lined  them  up  on  three  sides 
of  the  square.  The  purpose  was  apparently  to  prevent  or  break 
up  the  mass  meeting.  Mayor  French  sent  for  O'Connell,  and 
after  a  heated  interview  removed  him  from  office,  and  revoked 
the  commissions  of  his  deputies.  Major  Naylor  was  immediate- 
ly appointed  Marshal.  The  deputies  removed  their  badges  and 
dispersed. 

The  crowd  at  the  corner  of  Victor  and  Fourth  Avenues  con- 


*  Edward  Bell  and  General  Sherman  Bell  are  not  related.  Edward  Bell  was 
appointed  assessor  by  the  Democratic  Governor  when  Teller  County  was  created, 
and  was  an  unsuccessful  candidate  for  nomination  to  some  office  in  every 
succeeding 'convention.  He  had  become  prominent  in  the  Citizens  Alliance.  Af- 
ter the  strike  he  joined  the  Republican  party,  and  was  elected  to  office  by 
that  party  In  November,  1904. 

[123] 


RASTALL HISTORY    OF    THE    CKIPPLE    CREEK    STRIKE      123 

tinued  to  grow,  and  groups  of  armed  and  angry  union  and  non- 
union men  added  to  the  number  constantly.  About  3  o'clock 
Sheriff  Bell,  C.  C.  Hamlin,  Secretary  of  the  Mine  Owners'  As- 
sociation, and  S.  D.  Crump,  the  Attorney  for  the  Association, 
came  to  the  square.5  Secretary  Hamlin  mounted  an  empty 
wagon,  and  began  a  speech  which  from  the  first  became  violent, 
unrestrained,  with  judgment  and  caution  thrown  to  the  winds, 
of  a  kind  that  could  not  but  arouse  to  frenzy  men  whose  pas- 
sions were  already  deeply  stirred.  He  had  just  denounced  the 
union  miners  as  a  gang  of  cutthroats,  membership  in  whose  or- 
der was  a  badge  of  murder  and  arson,  and  declared  that  if  the 
civil  authorities  could  not  reach  them  the  people  should  take  the 
law  into  their  own  hands,  when  a  man  in  the  crowd  shouted  out 
an  angry  question.  Immediately  someone  struck  him  in  the 
face,  and  a  fist  fight  started.  One  man1  drew  a  revolver  and 
struck  another  over  the  head  with  it.  A  single  shot  was  fired. 
Then  there  came  a  fusilade  of  shots;  a  bedlam  of  cries  and 
oaths ;  and  everywhere  the  confusion  of  people  falling  and  rush- 
ing to  places  of  safety.  When  the  firing  ceased  five  men  lay  on 
the  ground,  two  of  them  fatally  wounded.6 

The  wonder  is  that  twenty  men  were  not  killed  instead  of  two. 
The  square  was  packed  with  people,  and  such  was  the  height 
of  passion  that  men  were  seen  to  draw  their  revolvers  and  fire 
simply  at  random  into  the  crowd.  The  square  was  promptly 
cleared,  many  of  the  union  men  retiring  to  their  hall.7 


8  The  narrative  of  the  riot  is  taken  from  the  accounts  of  several  non-partisan 
eye  witnesses.  One  of  them,  a  Cripple  Creek  business  man,  stood  upon  the  high 
bank  just  behind  the  wagon,  where  he  could  observe  every  detail.  McGee  was 
standing  beside  him  when  shot  down,  and  he  is  of  the  opinion  that  the  bullet 
was  meant  for  Secretary  Hamlin. 

6  Roscoe  McGee  and  John  Davis  killed.  The  men  killed  and  wounded  were  all 
non-union  miners.  Peter  Christman  shot  through  the  mouth,  Fred  Studewass, 
shot  through  the  lungs,  J.  J.  Hasner  shot  through  the  back. 

T  The  reports  from  the  coroner's  inquests  upon  the  Independence  explosion 
and  Victor  riots  should  be  read  with  due  regard  to  the  extreme  partisan  nature 
of  the  juries.  The  juries  appointed  by  Coroner  Doran  were  discharged  atter 
he  was  forced  to  resign,  and  new  ones  impanelled  from  among  mining  men  and 
members  of  the  Citizens  Alliance.  The  verdict  upon  the  Independence  explo- 
sion was  as  .follows:  "We  further  find  .  .  .  that  said  crime  is  one  of 
similar  crimes  designed  and  executed  in  the  Cripple  Creek  District  during  the  past 
few  months  and  perpetrated  for  the  purpose  of  killintg  and  intimidating  non-union 
men  and  thereby  preventing  them  from  working ;  that  said  crimes  are  the  result  of 
a  conspiracy  entered  into  by  certain  members  of  the  Western  Federation  of  Miners 

[133] 


124:  BULLETIN  OF  THE  UNIVERSITY  OF   WISCONSIN 

The  militia  hurried  up  from  the  armory  immediately  after 
the  shooting.  A  line  of  men  was  stationed  around  the  union1 
hall,  and  squads  of  men  placed  upon  adjacent  buildings  which 
commanded  the  windows  of  the  hall.  Sheriff  Bell,  accompan- 
ied by  Postmaster  Sullivan  of  Cripple  Creek,  entered  the  hall 
and  demanded  that  the  men  disperse,  but  this  they  refused  to 
do,  saying  that  the  hall  was  their  home.  Postmaster  Sullivan 
had  witnessed  the  shooting  of  Davis,  and  recognized  in  the  hall 
the  man  who  had  fired  the  shot.  The  militia  demanded  that 
the  miners  surrender.  The  miners  refused.  The  militia  then 
commenced  firing  upon  the  hall,  pouring  volley  after  volley  into 
the  building,  smashing  glass  and  brick,  and  tearing  up  the  in- 
terior.8 Finally,  with  four  men  wounded,  the  miners  surrend- 


and  known,  incited,  and  furthered  by  certain  officers  of  that  organization."  How- 
ever strong  the  inference  may  have  been  against  the  federation  it  could  have  been 
only  an  inference,  for  no  evidence  was  found  to  even  bring  to  trial  any 
individual  for  the  commission  of  the  crime. 

The  report  on  the  Victor  riots  reviews  the  events  of  the  day,  and  declares 
that  a  body  of  90  armed  union  men  were  collected  in  the  afternoon  "to  commit 
acts  of  violence,  to  override  the  law,  and  to  take  human  life."  Being  dispersed 
by  the  sheriff  "about  50  in  number  secreted  themselves  in  and  upon  a  building 
in  said  city  used  and  occupied  for  the  miners  Union  Hall.  That  certain1  other 
members  of  said  mob  stationed  themselves  at  different  points  on  the  streets  and 
other  places  in  said  city,  including  the  stores  operated  in  the  interests  of  said 
Western  Federation  of  Miners.  That  the  riot  was  started  by  a  member  of  the 
said  mob  .  .  .  when  he  attempted  to  shoot  and  kill  C.  C.  Hamlin  .  . 
that  thereupon  many  shots  were  fired,  principally  by  the  members  of  said  mob, 
both  from  the  front  windows  and  roof  of  said  union  hall  and  from  the  front 
part  of  said  union  store  and  different  points  in  the  street,  and  that  certain 
of  such  shots  took  effect  as  herein  above  stated,  causing  the  death  of  said 
Roscoe  McGee  and  John  Davis. 

That  it  was  the  evident  intention  of  the  leaders  and  members  of  said  mob, 
as  shown  by  the  testimony  and  their  own  declaration,  to  shoot  down  and  take 
the  lives  of  citizens,  called  by  them  the  mine  owners. 

We  further  find  from  the  evidence  that  the  officials  of  said  Western  Federa- 
tion of  Miners  are  primarily  responsible  for  the  crimes  committed  as  aforesaid." 

The  jury  examined  a  large  number  of  witnesses  concerning  shooting  from  the 
union  hall.  Several  testified  that  they  had  seen  men  with  guns  in  the  win- 
dows  of  the  hall,  but  that  none  of  them  were  seen  to  aim  or  fire.  George  Scott, 
an  insurance  man,  testified  to  having  see  a  man  with  a  Winchester  fire  two 
shots  from  a  window  of  the  hall.  The  physicians  who  attended  McGee  and 
Davis  all  swore  that  the  course  of  the  bullets  had  been  slightly  upward,  so 
these  shots  could  not  have  come  from  above. 

(From  typewritten  copy  of  testimony  before  coroner's  jury.) 

8  From  the  account  of  the  Adjutant  General  (Biennial  Report  Adjutant  Gen- 
eral 1903-4,  p.  224).  This  account  adds  that  a  second  messenger,  sent  to  warn 
the  miners  that  firing  would  be  commenced  upon  them  if  they  did  not  im- 
mediately surrender,  was  fired  upon.  "A  few  shots  were  returned  from  the 
hall  *  *  *  probably  in  all  there  were  200  or  250  shots  fired." 

[124] 


RASTALL HISTORY  OF  THE  CRIPPLE  CREEK  STRIKE 

ered  and  were  placed  under  arrest.9  No  sooner  were  they  gone 
than'  a  mob  rushed  in  and  completed  the  wrecking  of  the  inter- 
ior, smashing  the  furniture,  and  tearing  up  the  volumes  of  the 
union  library. 

Bodies  of  soldiers,  deputies,  and  armed  citizens,  scattered 
throughout  the  district,  arresting  union  men  wherever  they  were 
to  be  found.  By  night  about  200  men  had  been  arrested  and 
placed  in  hastily  located  "bull  pens."10 

The  excitement  at  Cripple  Creek  grew  more  intense  as  night 
approached.  The  report  from  Independence  in  the  early  morn- 
ing stunned  the  community  for  the  moment.  But  as  the  mines 
closed,  and  the  men  came  into  the  city  to  be  idle  for  the  day, 
a  great  wave  of  feeling  went  forth,  'which  grew  and  grew  with 
each  fresh  report  and  rumor,  until  the  late  afternoon  bringing 
distorted  news  of  the  Victor  riots  found  a  situation  that  was 
fast  reaching  the  limit  of  control.  Darkness  saw  thousands  of 
people  collected  on  the  main  streets  of  the  city,  and  excited 
groups  of  men  rapidly  collecting  into  a  mob.  The  police  were 
powerless.  Prominent  Citizens  Alliance  men  took  the  lead.  The 
union  hall  was  entered  and  utterly  wrecked,  its  furniture  and 
ornaments  smashed  up,  its  books  destroyed  and  its  walls  defaced 
and  smashed  in.  The  union  store  was  broken  into,  and 
its  stock  thrown  into  the  street,  oil  poured  among  the  provisions, 
and  part  of  them  carried  aJway.  The  other  cities  of  the  district 
saw  similar  scenes  of  violence.  By  midnight  not  a  union  hall 
or  store  in  the  whole  county  but  had  been  more  or  less  completely 
wrecked. 

Next  morning  the  intense  excitement  of  the  day  before  had 
gone,  but  in  its  place  was  a  grim  determination.  The  Western 
Federation  of  Miners  was  held  responsible  for  the  disasters, 
and  it  must  go.  A  meeting  of  prominent  mine  owners  and 
members  of  the  Citizens  Alliance  discussed  the  situation,  and 
determined  that  the  undesirable  members  of  the  community 
should  be  driven  away  or  expelled.  No  half  way  measures  were 


•  The  four  wounded  men  were :  Thomas  McManus,  Arthur  Parker,  Ed  McKel- 
ney,  Peter  Calderwood. 

10  Most  of  the  men  were  imprisoned  in  the  Victor  Armory.  About  150  men 
were  under  guard  there.  See  Adjutant  General's  Report,  p.  224. 


[125] 


126  BULLETIN  OF  THE  UNIVERSITY  OF  WISCONSIN 

to  be  taken.  Kefusal  to  renounce  membership  in  the  Federa- 
tion and  take  out  a  mine  owner's  card  was  to  be  absolute  evi- 
dence of  undesirability.  A  commission  of  seven  was  appointed 
to  examine  and  pass  upon  prisoners  brought  before  it.11  At 
five  o'clock  in  the  afternoon  25  union  men,  under  the  guard  of 
deputy  sheriffs,  were  put  aboard  a  train  and  sent  out  of  the 
district.12  No  charges  were  made  against  them,  and  many  of 
them  had  been  told  that  they  could  remain  if  they  would  give 
up  their  allegiance  to  the  Federation. 


THE  ANNIHILATION  OP  THE  UNIONS 

f 

Lieutenant  Governor  Haggott,  in  the  absence  of  Governor 
Peabody  from  the  state,  issued  a  proclamation  again  declaring 
Teller  County  to  be  in  a  state  of  insurrection  and  rebellion.18 


11  "Judge"  H.  McGarry,  Chairman. 

N.   Franklin,  Former  Mayor  of  Victor. 

F.  M.   Reardon,  Post  Master  Victor. 
Mayor  F.  D.  French  of  Victor. 

J.  B.  Cunningham. 

G.  E.  Copeland. 
T.  J.  Dalzell. 

12  For  a  complete  list  of  the  names  see  Biennial  Report  of  Adjutant  General 

1903-4,  p.  225. 

18  PROCLAMATION. 

WHEREAS,  There  exists  in  Teller  county,  Colorado,  a  large  number  of  armed 
persons  acting  in  conjunction  with  a  large  number  of  persons  outside  of  that 
county,  who  are  fully  armed  and  acting  together  for  unlawful  purpose;  and, 

WHEREAS,  Open  riot  and  insurrection  now  exist  in  said  county  of  Teller  and 
felonies  and  murders  have  already  been  committed  by  such  persons,  who  are 
still  threatening  to  committ  murder  and  felonies,  and  are  offering  violence  to 
the  citizens  and  property  of  said  county,  and  are  resisting  the  laws  of  the 
State  of  Colorado ;  and, 

WHEREAS,  At  divers  and  sundry  other  times  various  crimes  have  been  com- 
mitted in  said  county  of  Teller  by  and  with  the  aid  and  under  the  direction  of 
said  vicious  and  lawless  persons  and  the  security  of  persons  and  property  is 
now  threatened  in  said  county  ;  and, 

WHEREAS,  Threats,  intimidation  and  violence  are  threatened  and  it  is  be- 
lieved will  be  resorted  to  by  said  lawless  class  of  individuals ;  and, 

WHEREAS,  It  is  represented  to  me  by  the  sheriff  of  said  Teller  county  that 
the  civil  authorities  within  said  county  are  unable  to  enforce  the  law  and  to 
secure  peace  and  order  in  said  county,  and  that  it  is  necessary  to  put  tlie 
military  in  said  county  for  the  purpose  of  enforcing  the  law  and  restoring 
peace  and  order ; 

Now,  therefore,   I,  Warren  A.  Haggott,  Acting  Governor  and  Commander-in- 


[126] 


RASTALL HISTORY  OP  THE  CRIPPLE  CREEK  STRIKE 

General  Bell  arrived  at  midnight  of  the  same  day,  and  immed- 
iately took  command.  Sheriff  Bell  recognized  the  general's 
authority  as  supreme,  and  the  two  worked  in1  complete  harmony 
in  the  measures  that  followed.  The  first  act  was  to  dispatch 
a  party  of  militia  and  deputies  to  Dunville,  a  new  Freemont 
County  mining  camp  about  12  miles  from  Victor,  where  one  man 
was  killed  and  fourteen  others  brought  back  prisoners  to  Cripple 
Creek. 

On  the  night  of  June  8th  the  plant  of  the  Victor  Record  was 
completely  'Wrecked.  Eight  men  entered  the  press  rooms,  and 
holding  up  the  employees  with  rifles  and  revolvers,  smashed  up 
all  the  machines  with  sledge  hammers,  and  scattered  the  type 
about  the  floor.  In  the  morning  the  Record  had  published  an  edi- 
torial advising  that  the  strike  be  called  off.  The  editorial  con- 
tained near  the  end  the  following  paragraph : 

"The  Record  will  stand  in  the  future,  as  in  the  past,  ready  to 
condemn  all  lawlessness.  It  has  no  respect  for  the  actions  of  a 
Sterling  or  a  Scott,  or  for  such  speeches  as  was  made  by  Mr. 
Hamlin,  Monday,  or  for  the  miners'  resistance  at  Miners  Union 
Hall,  and  it  will  not  hesitate  to  condemn  them,  just  as  it  will 
the  work  of  the  dynamiter  when1  he  is  found.  The  Record  does 
not  have  the  confidence  of  the  mine  owners,  of  the  military,  or 
of  the  Citizens  Alliance,  and  it  makes  this  plea  solely  in  the 
interest  of  the  men  and  women  of  this  district  that  are  without 
work,  without  money,  without  food,  and  that  believe  there  is  no 
hope  of  winning  the  strike  and  want  it  called  off." 

There  was  some  opinion  that  the  wrecking  was  done  by  mem- 
bers of  the  unions  angered  at  the  changed  tone  of  the  paper.  The 
Record  employees  declared  however  that  they  recognized  two  of 
the  men  as  members  of  the  Citizens  Alliance.  "When  the  Record 
undertook  to  continue  its  publication,  having  been  offered  the 
use  of  the  Star  press,  the  owner  of  the  Star  was  informed  by 


Chief  of  the  military  forces  of  the  State  of  Colorado,  by  virtue  and  authority 
In  me  vested,  do  hereby  proclaim  and  declare  the  said  county  of  Teller  In  the 
State  of  Colorado,  to  be  in  a  state  of  insurrection  and  rebellion. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused  the  great 
seal  of  the  State  to  be  affixed  at  Denver,  the  State  capital,  this  7th  day  of 
June,  A.  D.  1904. 

(Signed)  WARREN  A.   HAGGOTT, 

Acting  Governor. 

[127] 


128  BULLETIN  OF  THE  UNIVERSITY  OF  WISCONSIN 

the  Citizens  Alliance  that  he  would  be  boycotted  if  he  did  not 
withdraw  his  assistance.  The  Record  management  later  pre- 
sented a  bill  of  damages  against  the  state  for  $4,206  (including 
loss  of  9  days  business  at  $75  per  day),  which  was  paid.14  When 
it  resumed  publication  the  Record  announced  that  it  had  buried 
the  past,  and  would  support  the  new  order. 

The  resignation  of  Sheriff  Robertson  was  but  the  first  of  a 
large  number  of  resignations  among  the  civil  officers,  forced  by 
threats  and  actual  violence,  by  committees  of  the  Mine  Owners' 
'Association  and  Citizens  Alliance.  The  list  included  county 
officers,  Coroner  James  Doran,  and  Deputy  District  Attorney 
rj.  C.  Cole;  of  Cripple  Creek,  Justice  C.  M.  Herrington,15  Mar- 
shal "W.  J.  Graham,  and  Night  Marshal  Fred  Harding;  of  Vic- 
tor, Justices  R.  L.  Thomas  and  David  Kelly,  Police  Judge 
Michael  Gibbons,  Alderman  J.  "W.  Murphy  and  J.  J.  Tobin, 
Jailor  James  Printy,  and  Night  Marshal  Michael  Lamb,  and  of 
Anaconda,  the  marshal  and  several  members  of  the  city  council.18 
The  most  extreme  case  was  that  of  the  town  of  Goldfield,  where 
the  entire  city  government  was  overthrown.  All  six  of  the 
aldermen,  the  whole  police  force,  city  clerk,  treasurer,  and  street 


14  The  itemized  account  was  as  follows : 

To  linotype  supplies 2,264.00 

Additional  linotype  supplies 46. 00 

Cylinder  press  supplies 250 . 00 

Job  press  supplies 85 . 00 

One  Job  press 225 . 00 

Labor,   press  machinist 125 . 00 

Additional  labor  on  presses 50 . 00 

Folder  repairs 25.00 

Paper   cutter   repairs 60.00 

Type,  material,  stones,  etc 350.00 

Typewriter    45 . 00 

Clock    6.00 

Nine  days  business 675.00 


4,206.00 

The  Record  had  been  a  most  active  critic  of  the  Peabody  administration,  the 
militia  and  the  Citizens  Alliances.  After  the  resumption  of  its  publication 
and  the  payment  of  its  damage  bill  by  the  state,  it  became  a  supporter  of  the 
administration  and  the  Alliances. 

State  Auditor's  Certificates  of  Indebtedness  Nos.  6338,  6339,  6340.  Issued 
Nov.  10,  1904. 

lgThe  Board  of  County  Commissioners  refused  to  accept  Mr.  Herrington's 
resignation  and  he  continued  in  office. 

19  Report  of  Adjutant  of  District  in  Adjutant  General's  Report,  p.  228. 

[128] 


KASTALL HISTORY    OF    THE    CRIPPLE    CREEK    STRIKE 

commissioner  were  driven  out,  most  of  them  put  under  military 
arrest,  and  officers  practically  chosen  and  given  authority  by 
the  Citizens  Alliance  put  in  their  stead.17 

Frank  J.  Hangs,  a  prominent  attorney  of  Cripple  Creek,  local 
attorney  for  the  Western  Federation  of  Miners,  was  arrested 
and  held  for  some  time,  and  his  house  searched  for  papers. 
The  resignation  of  Frank  P.  Mannix,  county  clerk  and  recorder, 
was  demanded.  He  refused,  but  left  the  county  as  a  matter  of 
safety.  Patrick  McCarvel,  a  Victor  business  man  who  had  re- 
fused to  join  the  Citizens  Alliance,  and  expressed  himself  freely 
in  sympathy  with  the  unions,  was  driven  from  the  district. 
Upon  his  return  he  was  immediately  arrested  by  Marshal  Naylor, 
put  on  an  outgoing  train,  and  told  that  if  he  returned  again 
protection  would  not  be  afforded  him. 

While  considering  the  advisability  and  amount  of  a  reward 
to  be  offered,  and  methods  of  ferreting  out  the  perpetrators  of 
the  Independence  Station  crime,  the  county  commissioners  were 
called  upon  by  a  committee  from  the  Mine  Owners'  Association 
who  demanded  the  employment  of  S.  D.  Crump  as  Special  Pros- 
ecuting Attorney  for  the  Independence  cases,  and  all  others 
arising  from  the  strike,  with  a  fee  of  $10,000  to  cover  all  serv- 
ices, detective  and  otherwise.  The  demand  was  repeated  by  the 
Citizens  Alliances  of  Cripple  Creek  and  Victor,  and  was  com- 
plied with  by  the  commissioners.18  The  vacant  position  of 
Deputy  District  Attorney  was  filled  by  C.  C.  Butler,  a  Cripple 
Creek  attorney.19. 

The  action  of  the  state  militia  at  this  time,  viewed  from  a 
simple  historical  standpoint,  was  most  extraordinary.  Teller 
County  had  been  declared  in  a  state  of  insurrection  and  rebel- 


17  Special  Report  of  the  United  States  Commissioner  of  Labor.     Senate  Docu- 
ment No.  122,  58th  Congress,  3rd  Session,  p.  2~>'2. 

18  S.    D.    Crump    was   the   attorney    for   the    Mine    Owners'    Association.     One 
wonders  at  the  large  fee. 

19  The  work  of  Mr.  Butler  offers  a  grateful   contrast  to  the  general  partisan 
or  fearful  action  of  most  of  the  county  officers  at  this  time.     Mr.  Butler  was 
a    Republican    in    politics,    and   was   naturally    in    sympathy    with    the   elements 
that  were  in   temporary   illegal   power.     He  believed,   however,    in   the   absolute 
observance   of   the   law,   and   the   impartial   prosecution   of   lawlessness,    and    re- 
fused  to  prostitute   his   office  to   any   partisan   ends   whatsoever.     In   following 
his  conscience  he  ruined  his  political  prospects.     His  work  will  show  repeatedly 
in   the  closing  pages  of  this  narrative. 


[129] 


130  BULLETIN  OF  THE  UNIVERSITY   OF   WISCONSIN 

lion.  Its  civil  government  had  been  practically  overthrown, 
many  of  its  officers  forcibly  deposed,  and  the  others  prevented 
from  the  exercise  of  their  functions.  A  mob,  organized  and 
acting  with  deliberate  forethought,  headed  by  prominent  citi- 
zens, but  none  the  less  a  mob  pure  and  simple,  was  overthrow- 
ing city  governments,  destroying  property,  arresting  and 
forcibly  deporting  citizens — all  this  in  the  presence  of  the  Na- 
tional Guard  sent  to  restore  order,  yet  not  opposed  by  them, 
but  on  the  contrary  its  actions  acquiesced  in  and  aid  given  to 
it  in  every  possible  way.20 

The  commission  of  seven  appointed  to  examine  men  for  de- 
portation, received  the  sanction  and  authority  of  Adjutant  Gen- 
eral Bell.21  Under  the  name  of  The  Military  Commission  it 
held  its  further  sessions  in  the  offices  of  the  Mine  Owners'  Asso- 
ciation, and  continued  to  try  men  and  recommend  them  for 
deportation.  " Judge"  McGarry  made  a  statement  of  the 
work  of  the  commission  in  an  interview  June  14th.22 

"We  cleaned  up  the  deportation  slate  last  night  as  far  as 
those  arrested  up  to  the  time  were  concerned.  We  will  have  a 
short  session  this  afternoon,  beginning  at  1  o'clock,  at  which 
we  will  attempt  to  dispose  of  the  men  arrested  last  night  and 
this  morning.  We  are  not  deporting  any  criminals  nor  any 
who  might  make  good  witnesses.  The  only  difference  be- 
tween those  deported  and  those  remaining  is  in  their  expressed 
sympathies.  Those  who  are  on  the  wrong  side  of  the  Federa- 

20  To  understand  the  situation  it  is  necessary  to  keep  in  mind  the  tremendous 
wave  of  feeling  caused  by  the  terrible  events  of  the  sixth  of  June,  also  what 
was  said  in  Chapter  I,  Part  II  relative  to  the  county  and  city  governments  and 
the  attitude  of  the  state  government. 

21  Special  Order  No.   1.     A  temporary  commission   is  hereby  constituted  com- 
posed   of    the   following    named    persons.     Frank    D.    French,    Nelson    Franklin, 
J.  B.  Cunningham,   F.  M.  Reardon,  H.  McGarry,  C.  E.  Copeland,  T.  J.   DalzelL 
Said  commission  will  assemble  at  once  and  judge  of  probable  guilt  or  innocence 
of   incarcerated  people,   and   report  to  these  headquarters   as  promptly  as   pos- 
sible. 

By  command  of  General  Sherman  M.  Bell. 

Capt.  First  Infantry  N.  G.  C. 

GAIL  S.  HOAG, 
Adjutant  of  District. 
Biennial  Report  of  Adjutant  General,  p.  26. 

22  Mr.   McGarry  was  never  a  judge,   but  a  Colorado   Springs  attorney,  for  a 
number    of   years    a    partner    of   J.    Reed    Crowell.     His    brother-in-law    was    a 
heavy   stock   holder   in   the  Golden   Cycle  mine,    and   he    (McGarry)    became  a 
director  and  attorney  for  that  company. 

[130] 


RASTALL HISTORY    OF   THE    CRIPPLE    CREEK   STRIKE       131 

tion  question  have  to  go.  Otherwise  they  are  just  as  good  men 
as  many  who  are  permitted  to  remain  in  their  homes." 

Seventy-two  men  were  deported  under  military  guard  June 
10th.  They  were  carried  on  the  Atchison,  Topeka  &  Santa  Fe 
Railway  to  a  point  near  the  Kansas  line,  and  then  marched  out 
of  the  state.  Other  bodies  of  men  were  deported  throughout 
the  month,  some  to  the  Kansas  line  and  some  to  the  New  Mexico 
line.  Two  hundred  twenty-five  men  were  carried  out  of  the 
state  in  this  way.23  This  number  must  not  be  supposed  to  in- 
clude all  those  driven  from  the  district.  A  great  many  men 
were  examined  by  the  commission  and  simply  warned  to  leave, 
and  a  much  larger  number  scattered  into  the  mountains,  and 
avoided  possible  arrest  and  deportation  by  leaving  the  dis- 
trict on  foot.24 

It  will  be  remembered  that  the  Portland  and  some  smaller 
mines  had  been  declared  "fair"  by  the  unions,  and  continued 
in  operation  from  the  beginning  of  the  strike.  The  hold  of  the 
Federation  could  not  be  entirely  broken  in  the  district  so  long 
as  these  mines  were  operated  with  union  labor,  so  it  was  decided 
to  close  them.  Adjutant  General  Bell  issued  a  proclamation  on 
the  9th,  and  proceeding  to  the  mine  offices  of  the  Portland  forced 
the  superintendent  to  shut  down.25  Except  for  the  statement  in 


23  For  complete  lists  of  the  names  of  the  men  see  Biennial  Report  of  Adju- 
tant General  1903-4.  pp.  225,  226,  227,  229,  231,  234,  240,  241.  242,  243. 

24  The   legality   of   the  deportations  has  been   defended  upon   the  principle  of 
scattering  a  mob.     Deportation  it  is  claimed  is  the  mildest  form  of  legal  action. 

25  PROCLAMATION. 

WHEREAS,  The  governor  of  the  State  did,  by  proclamation  issued  on  the  7th 
day  of  June,  1904,  declare  the  county  of  Teller  therein  to  be  in  a  state  of 
insurrection  and  rebellion,  and  the  territory  comprising  the  said  county  is  now 
under  the  rule  of  military  law,  and  now  being; held  and  occupied  by  the  mi- 
litia of  said  state  and, 

WHEREAS,  A  reign  of  lawlessness,  violence,  and  crime  has  existed  in  said  county 
for  several  months  last  past,  inaugurated,  encouraged,  and  carried  forward  by 
certain  evil-disposed  persons,  resulting  in  wholesale  assassinations  of  many  peace- 
able and  law-abiding  citizens  ;  and, 

WHEREAS,  Said  reign  of  violence  and  crime  still  exists  in  said  county,  so 
that  the  peace  of  the  community  is  threatened,  lives  and  property  of  the 
citizens  are  menaced,  and  mob  rule  and  violence  now  threaten  to  over-ride  the 
law ;  and, 

WHEREAS,  The  Portland  mine,  situated  in  said  county,  is,  and  for  a  long 
time  has  been,  engaged  in  employing  and  harboring  large  numbers  of  dangerous 
lawless  men,  who  have  aided,  encouraged,  and  given  comfort  and  assistance 
to  those  who  have  been  guilty  of  said  crimes  and  outrages,  so  that  said  mine 
has  become  and  now  is  a  menace  to  the  welfare  and  safety  of  the  good 

[131] 


132  BULLETIN  OF  THE   UNIVERSITY  OF   WISCONSIN 

General  Bell's  proclamation  the  Portland  miners  are  generally 
admitted  to  have  been  a  more  than  usually  good  class  of  work- 
men. Those  among  them  who  would  renounce  the  Federation 
and  take  out  mine  owners '  cards  were  allowed  to  return  to  work : 
the  others  were  deported  or  driven  from  the  district.  The  Pride 
of  Cripple  Creek  Mine,  and  the  Winchester  and  Morgan  Leases 
of  the  Wedge  Mine,  were  closed  in  the  same  way  on  the  llth. 

James  F.  Burns,  the  president  of  the  Portland  Gold  Mining 
and  Milling  Company,  brought  suit  in  the  United  States  Dis- 
trict Court  against  Governor  Peabody,  General  Bell,  Sheriff 
Bell,  and  the  Mine  Owners'  Association,  for  $100,000  damages 
for  the  forcible  closing  of  the  Portland,  and  deportation  of  its 
miners.26  The  directors  of  the  company  however  held  a  special 
meeting  and  repudiated  the  action  of  the  president,  ordering  the 
suits  withdrawn.  The  mine  opened  with  non-union  labor  June 
21st, 

The  partial  wrecking  and  closing  of  the  union  stores,  and  the 
expulsion  of  such  a  large  number  of  the  men,  left  many  of  the 
miners'  families  destitute.  The  Federation  furnished  supplies 
to  these  through  two  grocery  firms  of  the  district,  and  various 


people  of  said   county  and  a   hindrance  to  the  restoration   of  peace  and   good 
order ; 

Now,  by  the  power  conferred  on  me  as  commander  of  the  military  force  in 
said  county,  and  as  a  military  necessity,  it  is  ordered  that  the  said  mine  be 
at  once  closed  and  all  men  found  therein  or  thereabouts  who  are  dangerous 
to  the  community  be  arrested  and  held  until  further  orders. 

SHERMAN  M.  BELL, 
Brigadier  General,  Adjutant  General. 

State  of  Colorado. 

Report  of  Adjutant  General  p.  222. 

2li  Mr.  Burns  in  a  letter  written  the  preceding  November  said  as  to  the 
position  of  the  Portland :  "The  employe  goes  into  the  market  to  sell  his 
labor,  and  as  employers  desiring  to  purchase  labor,  we  have  always  been 
willing  to  treat  with  him  individually  or  with  any  person  or  concern  he  may 
appoint  as  his  agent,  whether  it  be  union  or  otherwise.  Always  recognizing 
that  labor  has  an  equal  right  with  capital  to  organize  or  combine ;  we  feel 
that  we  have  no  more  right  to  dictate  whether  or  not  our  employes  belong  to 
a  union  than  we  have  to  dictate  whether  or  not  they  belong  to  some  church. 
What  we  desire  is  efficiency  in  the  labor  we  employ  and  we  know  we  have 
it  to  a  higher  degree  in  the  present  union  force  than  could  be  obtained  from 
any  new  set  of  men  until  after  they  had  been  schooled  for  a  long  time  in  our 
employ.  Therefore  we  are  content,  and  believe  that  we  have  at  the  mine  and  mill 
about  700  of  the  best  men  in  the  Rocky  Mountains." 

The  Portland  had  always  operated  on  the  open  shop  principle,  and  was  not 
closed  during  either  the  strike  of  1894  or  the  strike  of  1903. 

[133] 


EAST  ALL HISTORY  OF  THE  CRIPPLE  CREEK  STRIKE   133 

county  organizations  gave  aid  in  cases  of  the  greatest  necessity. 
The  militia  officers  warned  the  stores  and  various  individuals 
to  cease  giving  this  aid,  and  on  June  14th  an  order  was  issued 
by  Colonel  Verdeckberg  forbidding  the  extension  of  aid  to  any 
of  the  miners'  families,  and  directing  that  all  supplies  for  this 
purpose  be  turned  over  to  the  military.27  The  militia  did  not 
follow  this  order  with  any  reasonable  effort  to  supply  the  pov- 
erty stricken  families,  and  had  not  many  of  the  sympathetic 
citizens  and  organizations  of  the  district  absolutely  refused  to 
respect  it,  there  must  have  resulted  the  most  intense  suffering. 
The  apparent  intent  was  to  compel  the  immediate  removal  of 
the  deported  miners'  families,  as  the  final  step  in  the  annihila- 
tion of  the  unions.  Such  an  order  sheds  final  light  upon  the 
attitude  of  the  military  authorities  at  this  time. 

The  shut-down  following  the  atrocities  of  June  6th  was  brief. 
The  mines  rapidly  resumed  operations,  and  with  the  reopening 
of  the  Portland  the  campaign  for  complete  and  satisfactory 
operation  was  being  carried  on  as  vigorously  as  before.  Con- 
siderable inconvenience  and  expense  'was  still  met,  incident  to 
the  employment  of  so  many  unskilled  men,  but  the  mine  owners 
stoutly  asserted  that  conditions  would  soon  be  as  satisfactory 
as  before  the  strike. 

During  the  period  of  deportations28  many  members  of  the 
unions,  satisfied  that  the  situation  was  absolutely  hopeless  for 


"SPECIAL  ORDERS 

No.   19. 

No  organization  will  be  allowed,  while  this  county  is  under  military  control, 
to  furnish  aid  in  any  form  to  the  members  of  any  organization  or  their  fami- 
lies in  this  county  unless  the  same  is  done  through  military  channels.  Major 
Thomas  E.  McClelland  is  Provost  Marshal  of  this  military  district,  and  he 
stands  ready  to  receive  from  any  person  or  organization  any  money  or  other 
supplies  which  are  for  distribution  to  any  person  rendered  needy  by  reason1  of 
the  military  occupation  of  this  county  for  the  suppression  of  insurrection,  and 
all  money  and  other  supplies  so  furnished  will  be  applied  to  the  relief  of  the 
persons  above  referred  to. 

EDWARD  VERDBCKBBBG, 
Commanding  Teller  County  Military  District  in  the  absence  of 

Brigadier-General   Sherman   M.   Bell. 

28  The  report  showed  1,569  men  examined ;  recommended  for  deportation  238 ; 
recommended  for  trial  in  criminal  courts  42;  recommended  for  release  1,289. 

"Of  those  recommended  for  deportation  the  list  was  composed  of  agitators, 
ore  thieves,  keepers  of  fences  for  stolen  ore,  habitues  of  bawdy  houses,  saloon 
bums,  and  vagrants.  The  examination  was  conducted  along  the  line  of  the 

[133] 


BULLETIN  OF  THE  UNIVERSITY   OF   WISCONSIN 

the  Federation,  and  thinking  of  the  future  for  themselves  and 
families,  gave  up  their  affiliation  and  took  out  mine  owners' 
cards.  In  December,  1904  Secretary  Hamlin  stated  that  out 
of  about  3,500  men  employed  over  2,000  had  been  in  the  district 
before  the  strike  as  members  of  the  Western  Federation  of 
Miners.  The  military  commission  made  its  final  report  and 
disbanded  on  July  26th.  On  the  same  day  Governor  Peabody 
issued  a  proclamation  declaring  the  "further  application  of 
military  occupancy  or  authority  suspended."  Full  authority 
was  turned  over  to  Sheriff  Bell,  and  the  troops  were  withdrawn. 
The  strike  was  over. 


PERIOD  IMMEDIATELY  FOLLOWING  THE  STRIKE 

Although  the  miners  unions  of  the  Cripple  Creek  District 
were  entirely  broken  up,  the  Western  Federation  declared  the 
•strike  still  in  progress,  and  in  fact  has  never  officially  withdrawn 
it.  Partisan  feeling  continued  to  run  strong  for  a  considerable 
time,  and  showed  itself  for  months  after  the  withdrawal  of  the 
militia.  Five  men,  J.  C.  Frazier,  David  O'Neill,  William 
Hovey,  C.  M.  Tully,  and  Fred  Warburton,  who  had  been  de- 
ported but  returned  to  the  district,  were  run  out  of  Victor  by 
25  masked  men.  At  some  distance  from  the  city  they  were 
robbed  of  all  their  valuables,  including  passes  that  had  been  is- 
sued to  some  of  them  by  the  militia.  They  were  then  flogged; 
one  of  them  knocked  down  with  a  rifle  and  kicked,  and  then 
sent  on,  threatened  with  hanging  if  they  should  ever  return. 
Eleven  Italians,  who  came  into  the  district  in  a  body  on  the  F. 
&  C.  C.  R.  R/.,  were  escorted  out  by  a  body  of  citizens.  W.  J. 
Donnely,  a  former  mayor  of  Victor,  went  on  the  bond  of  one 
of  the  arrested  miners,  and  was  threatened  and  warned  to 
leave  the  district.29  T.  H.  Parfet,  and  John  Harper,  managers 


desirability  of  those  examined  for  residence  in  the  district,  with  a  view  to 
peace  and  law  observance,  and  no  other  purpose  was  had  in  view  of  the 
recommendations." 

(Signed  by  each  member  of  the  commission.) 

29  Deputy  District   Attorney  Butler  went  to  Mr.   Donnely.  and  asked  him  in 
the  interests  of  general  law  and  order  to  make  affidavit  to  the  facts  so  that 

[134] 


RASTALL HISTORY   OF   THE    CRIPPLE    CREEK    STRIKE       135 

of  the  union  stores  at  Cripple  Creek  and  Victor,  returned  to 
settle  up  the  affairs  of  the  wrecked  concerns.  Harper  was  taken 
from  his  home  by  a  number  of  masked  men,  beaten,  and  driven 
from  the  district.  Parfet  met  the  same  experience  later,  being 
so  badly  beaten  that  he  could  not  walk.  The  home  of  George 
Seitz,  a  former  union  man  who  was  leasing  and  had  not  taken: 
out  an  association  card,  was  entered  in  the  middle  of  the  night, 
and  several  shots  exchanged,  Seitz  standing  his  ground  and 
driving  the  men  out.  A.  L.  Leduc,  while  returning  home  from 
taking  supper  with  a  neighbor,  was  waylaid,  robbed,  beaten 
with  the  handles  of  whips,  and  run  out  on  the  road  to  Canon 
City.  G.  R.  Hooten,  who  had  been  manager  of  the  Federation 
store  at  Anaconda,  was  taken  from  his  home,  beaten  with  guns 
and  cartridge  belts,  robbed  of  his  purse  and  gold  watch,  and  put 
on  the  road  to  Canon  City.30 

The  union  stores  at  Victor  and  Cripple  Creek  were  turned 
over  to  the  Interstate  Mercantile  Company,  about  the  middle 
of  August,  and  the  Cripple  Creek  store  reopened.  The  new 
company  was  supposed  to  have  purchased  the  property  from 
the  unions,  but  people  generally  believed  that  this  'was  simply 
a  disguise  and  that  the  stores  were  really  still  owned  by  the 
Federation.31  On  the  afternoon  of  August  20th  at  about  4:30 
a  mob  of  several  hundred  men  suddenly  formed  on  the  main 
avenue  of  Cripple  Creek.  The  store  of  the  Interstate  Company 


an   example  could  be  made  of  the  case,  and  such   violations  of  the  law  thus 
prevented  in  the  future,  but  this  Mr.   Donnely  was  afraid  to  do. 

80  The  case  of  Jack  Burke  may  be  taken  as  showing  the  extreme  attitude  of 
the  associations  at  this  time,  and  the  partisan  position  of  many  of  the  county 
officers.  Burke  was  a  Cripple  Creek  business  man,  a  property  holder,  and 
according  to  all  the  testimony  in  the  case  a  good  citizen.  He  was,  however, 
strongly  in  sympathy  with  the  miners  unions,  and  found  it  wise  to  leave  the 
district.  Upon  his  return  in  October  a  criminal  complaint  was  sworn  to  by 
Sheriff  Bell  charging  him  with  vagrancy.  Deputy  District  Attorney  Butler 
dismissed  the  case,  closing  as  follows :  "I  have  known  this  man  for  years. 
I  know  him  to  be  a  reputable,  law  abiding  citizen  of  Teller  Courity.  I  have 
gone  into  this  matter  deeply,  and  I  find  that  there  is  not  the  slighest  excuse 
for  this  unwarranted  arrest.  For  that  reason  I  ask  the  court  to  order  his 
dismissal."  Mr.  Butler  also  took  occasion  to  declare  publicly  that  in  his  of- 
fice he  recognized  no  class  distinctions,  and  should  look  simply  at  the  ques- 
tion: "Did  the  man  violate  the  laws  or  not?"  Thus  was  nipped  in  the  bud 
what  there  was  every  evidence  to  believe  was  a  plan  to  arrest  as  a  vagi-ant 
«very  deported  miner  who  dared  to  return. 
.  81  This  was  doubtless  correct,  see  Official  Proceedings  W.  F.  M.  A.,  1905,  p.  43. 

[135] 


136  BULLETIN  OF  THE   UNIVERSITY  OF   WISCONSIN 

was  broken  into,  and  its  manager  and  clerks  thrown  out  without 
being  allowed  to  even  close  the  safe  or  take  the  account  books. 
The  windows  and  fixtures  were  smashed,  and  the  goods  mixed 
and  thrown  into  the  street,  where  a  large  part  of  them  were  de- 
stroyed or  carried  away.  Deputy  District  Attorney  Butler, 
hearing  of  what  was  taking  place,  came  to  the  scene,  and  going 
to  leading  men  whom  he  found  there  asked  them  to  order  the 
mob  to  disperse,  but  was  simply  laughed  at.  Persisting  in  his 
efforts  he  was  seized  by  three  armed  men,  forced  from  the  scene 
and  detained  for  some  time.  The  sheriff's  office,  located  almost 
directly  across  the  street  from  the  store,  made  no  effort  to  pro- 
tect it,  or  to  disperse  the  mob.32  The  same  evening  a  number 
of  men  were  deported.  The  list  is  as  follows: 

J.  C.  Cole,  formerly  deputy  district  attorney. 

Michael  J.  O'Neil,  deputy  county  clerk  and  recorder. 

Frank  J.  Hangs,  attorney  for  the  "Western  Federation  of 
Miners. 

H.  M.  Heimerdinger,  manager  of  Interstate  Company's  store. 

Frank  Akins,  local  manager  in  said  store. 

Charles  H.  Wasson,  clerk  in  said  store. 

Steve  Leahy,  clerk  in  said  store. 

J.  W.  Higgins,  union  man. 

T.  H.  Parfet,  union  man. 

Albert  L.  Pierce,  Gus  Girardo,  James  Redd,  Patrick  Maloney. 

Eugene  Engley,  attorney,  sympathizer  with  Federation. 

The  men  were  driven  from  town  in  buggies,  and  finally 
placed  on  foot  on  the  Canon  City  road.  Some  of  them  were 
beaten  and  robbed,  and  shots  were  fired  over  their  heads  as  they 
started  off.  All  were  threatened  with  violence  should  they 
dare  to  return. 

Deputy  District  Attorney  Butler,  having  secured  affidavits 


32  Special  Report  of  United  States  Commissioner  of  Labor,  p.  310  Sheriff 
Bell  was  in  Denver  and  the  office  was  in  charge  of  Undersheriff  Parsons. 

In  an  interview  next  day  Governor  Peabody  said :  "I  have  not  been  of- 
ficially notified  of  the  occurrences  of  yesterday.  No  call  for  aid  from  either 
faction  has  reached  me,  nor  have  I  received  any  intimation  that  the  State's 
assistance  is  needed  in  the  settlement  of  the  local  differences  which  exist  there 
now.  I  therefore  infer  that  the  local  authorities  feel  confident  of  their  ability 
to  control  the  situation." 

[136] 


RASTALL HISTORY  OF  THE  CRIPPLE  CREEK  STRIKE   137 

from  some  of  the  deported  men,  prepared  informations  against 
those  who  appeared  to  ha,ve  been  the  leaders  in  the  wrecking 
and  deporting.33  The  cases  came  to  trial  in  the  spring  of 
1905,  but  while  they  were  before  the  court,  C.  C.  Hamlin,  the 
secretary  of  the  Mine  Owners'  Association,  who  had  in  the 
meantime  been  elected  district  attorney,  dismissed  them  all.34 

The  general  result  of  the  conflict,  and  more  particularly  the 
effect  of  the  deportation  and  scattering  of  the  union  men,  was 
shown  most  strikingly  at  the  November,  1904,  elections.  For 
the  first  time  in  the  history  of  the  county  the  Republican 
party  triumphed  at  the  polls,  electing  its  entire  ticket.35  Ed- 
ward Bell,  having  left  the  Democratic  standard,  was  elected 
sheriff;  C.  C.  Hamlin,  secretary  of  the  Mine  Owners'  Associa- 
tion, was  elected  district  attorney ;  and  the  other  vacant  offices 
were  filled  largely  with  prominent  Citizens' Alliance  men.36  The 
officers  of  the  local  militia  companies  who  had  been  most  active 


33  The  following  men  were  made  defendants  : 

Nelson  Franklin,  former  mayor  of  Victor,  mill  owner. 

A.  B.   Carlton,   president  First  National  Bank,  mine  owner. 

E.   C.  Newcomb,  cashier  same  bank,   mine   owner. 

William  Carruthers,  solicitor  for  D.  &  S.  W.  Ry. 

Harry  Waters,  Frank  Vanneck,  E.  K.  Young ;  deputy  sheriffs. 

Charles   Gtmn,   policeman. 

A.  C.  Cole,  former  secretary  Victor  Citizens  Alliance. 

Henry  Dahl,  manager  Ophir  mine. 

Dan'l  McCarthy,  superintendent  Granite  mine. 

A.  T.  Holman,  superintendent  Golden  Cycle  mine. 

William  Bainbridge,  superintendent  EH  Paso  mine. 

L.   G.   Henry,  R.  P.   Russel,   John:  Sharpe ;  leasers. 

Harvey  Gregory,  H.  H.  Babcock,  Ira  Watson,  Woody  Welsh,  C.  R.  Orwig, 

Thomas  Scanlon,  Albert  Stonehouse,  Blum,  Johnson,  Pierce ; 

miners  and  deputy  sheriffs. 

John  Dalzell,  mine  superintendent. 

34  The  district  attorney  has  this  absolute  power  under  the  Colorado  laws. 

35  There  were  one  or  two  unimportant  exceptions. 

36  Following  are  the  prominent  Citizens'  Alliance  men  and  officers  of  the  mili- 
tary companies  elected  or  appointed  to  county  offices : 

Sheriff,  Edward  Bell,  prominent  Alliance  man. 

Undersheriff,  L.  F.  Parsons,  secretary  Citizens'  Alliance. 

District  Attorney,  C.  C.  Hamlin,  attorney  for  Mine  Owners  Association. 

County  Attorney,  T.  E.  McClelland,  major  state  militia. 

Deputy  County  Clerk,  G.  S.  Hoag,  captain  state  militia. 

County  Treasurer,  S.  A.  Phipps,  president  Citizens'  Alliance. 

County  Physician,  W.  E.  Driscoll,  prominent  Alliance  man. 

Jailer  County  Jail,  Harley  Keegan,  first  lieutenant  state  militia. 

Deputy  County  Assessor,  Frank  Trego,  captain  state  militia. 

The  officials  of  the  towns  and  cities  show  the  same  kind  of  grouping. 

[137] 


138  BULLETIN  OF  THE  UNIVERSITY  OF   WISCONSIN 

in  the  later  phases  of  the  strike  were  also  remembered,  a  num- 
ber of  them  stepping  into  county  or  municipal  offices.37 

The  Colorado  City  and  Cripple  Creek  strikes  covered  a  period 
of  a  year  and  a  half,  and  from  the  call  of  the  second  strike  at 
Cripple  Creek  until  the  final  withdrawal  of  the  militia,  a  year, 
lacking  a  very  few  days,  had  elapsed.  The  state  troops  had 
been  in  the  field  for  a  period  of  nine  months.  Thirty-three 
men  had  met  violent  deaths,  and  many  more  been  injured  by 
crimes  and  accidents  traceable  directly  to  the  strike.  Some 
idea  of  the  intensity  and  meaning  of  the  struggle  can  be 
gained  by  noting  the  enormous  losses  involved.  The  militia 
campaigns  in  the  Cripple  Creek  District  cost  the  state  of  Col- 
orado $400,000,  the  pay  rolls  alone  amounting  to  nearly 
$200,000.38  The  ' 'relief'7  expenditures  of  the  Western  Federa- 
tion of  Miners  for  the  fourteen  months  beginning  August  1st, 
1903,  were  $308,000,  almost  the  entire  sum  being  expended  in 
connection  with  the  Cripple  Creek  strike.39  If  to  these  amounts 
be  added  the  losses  to  the  men  in  pay  rolls;  the  losses  to  the 
militiamen  in  the  small  wages  received ;  the  losses  to  the  mine 
owners  in  attempting  to  operate  with  unskilled  labor;  and  the 
losses  to  business  paralyzed  throughout  the  county,  the  sum 
total  becomes  enormous.  This  represents,  however,  only  one 
small  phase  of  the  matter,  an  external  index  of  the  importance, 
the  desperation,  and  the  terrible  mental  and  physical  wastes 
of  the  whole  contest.  From  the  struggle  that  so  convulsed  it 
the  Cripple  Creek  District  has  not  yet  recovered,  and  will  not 
entirely  for  many  years  to  come.  To  many  the  strike  meant 
ruin,  to  others  premature  age.  Hardly  a  citizen  of  the  whole 
area  but  has  had  to  carry  some  share  of  the  load,  and  in  losses 
and  taxation,  the  burden  will  continue  to  bear  heavily  upon 
the  entire  state. 


37  At  the  election  James  Warford,  formerly  a  deputy  in  the  employ  of  the  Mine 
Owners'  Association,  shot  and  killed  two  men  at  one  of  the  polls.     The  evidence 
at  his  trial  was  strongly  to  show  that  the  murder  was  cold  blooded  and  entirely 
unprovoked.     The  jury  disagreed.     Judge  Cunningham  refused  to  admit  Warford 
to  hail  while  awaiting  a  second  trial.     District  Attorney  Hamlin  then  dismissed 
the  case,  alleging  the  impossibility  of  securing  a  conviction,  and  the  great  ex- 
pense.    A  second  information  was  later  filed. 

•s  Reports  of  the  State  Auditor  and  Adjutant  General  for  lfi03-4. 

38  Reports  of  Treasurer  Haywood  in   Official  Proceedings  W.   F.   M.   A.     1904 
rand  1905. 

[138] 


EAST  ALL HISTORY   OF   THE    CRIPPLE    CREEK   STRIKE      139 


CHAPTER  VI 

DISCUSSIONS    AND  CONCLUSIONS 
THE  WESTERN  FEDERATION  OF  MINERS — ITS  SIDE  OF  THE  CASE 

The  Western  Federation  of  Miners  was  organized  in  a  con- 
vention held  at  Butte,  Montana,  May  15th,  1893.  Forty  dele- 
gates, representing  fifteen  unions  from  the  states  of  Colorado, 
Utah,  Montana,  Idaho,  and  South  Dakota,  assembled,  drafted 
a  constitution,  and  began  an  active  campaign  for  general  or- 
ganization.1 The  first  Cripple  Creek  strike  came  six  months 
later,  while  the  movement  was  in  its  infancy,  and  the  Federation 
hardly  more  than  a  name.  The  Altman  union  secured  a  char- 
ter in  the  general  organization,  and  this  was  utilized  by  the 
striking  miners  to  secure  uniformity  and  authority  in  their 
actions,  but  the  Western  Federation  of  Miners  as  a  body  had 
no  connection  with  the  strike.2 

The  Federation  has  grown  steadily  since  its  organization.  By 
1903  its  unions  numbered  200,  and  its  jurisdiction  extended 
over  the  Rocky  Mountains  and  far  western  states,  and  British 
Columbia.  Five  hospitals  are  owned  by  it,  and  several  co- 
operative stores  at  various  mining  centers.  Some  of  the  local 
unions  provide  sick  benefit,  and  maintain  wards  in  the  local 
hospitals,  and  many  of  them  have  halls  with  libraries,  reading 
rooms,  and  rooms  for  social  entertainment.3 

During  the  first  years  of  its  existence  the  Federation  changed 
officers  every  year,  but  from  1896  to  1906  the  office  of  presi- 

1  Information    furnished    by    the    unions.     See   also    Special    Report    Commis- 
sioner of  Labor.  U.  S.  Chap.  I. 

Also  Langdon,  Mrs.  Emma  F.  The  Cripple  Creek  Strike,  Introduction. 

2  See  p.  20. 

3  Information  furnished  by  the  unions.     See  also  Special  Report  Commissioner 
of  Labor,  U.  S.,  Chap.  I. 

The  federation  does  not  report  its  membership.  The  report  of  the  Colorado 
Bureau  of  Labor  Statistics  for  1901-2  estimated  the  membership  at  48,000. 

[139] 


140  BULLETIN  OF  THE  UNIVERSITY  OF   WISCONSIN 

dent  has  been  held  by  but  two  men,  Edward  Boyce  and  Charles 
H.  Moyer.*  William  D.  Haywood,  elected  secretary-treasurer 
in  1901  has  held  the  position  ever  since.5  At  the  end  of  his 
sixth  year  in  office  Mr.  Boyce  positively  refused  re-election,  and 
closed  his  career  in  a  stirring  speech  that  became  a  classic  to 
his  followers.  Its  dominant  note  was  an  appeal  to  class  con- 
sciousness, and  its  climax  a  demand  for  socialistic  action6 
When  the  convention  closed  it  had  voted  confidence  in  the 
words  of  its  president,  'and  declared  itself  with  the  Socialist 
Party  of  America.7  President  Moyer  and  Secretary-Treasurer 
Haywood,  radically  socialistic  in  their  own  views,  lost  no  op- 
portunity to  direct  the  activity  of  the  organization  more  and 
more  into  socialistic  channels.8  The  rank  and  file  of  the  mem- 
bership hung  back,  and  did  not  accept  socialistic  ideas  nearly 
so  generally  as  has  been  supposed.  At  their  annual  conven- 
tions the  delegates  repeatedly  refused  to  pass  extreme  resolu- 
tions asked  for  by  the  leaders.9  But  the  Federation  has  been 
strongly  under  the  influence  of  its  officers  these  last  years.10 
It  is  its  misfortune  that  these  men  have  been  extremists.  Its 
catastrophies  have  been  mistakes  of  leadership. 

The  Federation  man  in  speaking  of  the  Cripple  Creek  diffi- 
culties prefers  to  merge  them  with  the  general  strike  difficulties 
of  the  time.11  The  struggle  over  the  eight-hour  question,  and  the 
wrongs  done  by  capital  therein  loom  large  to  him,  and  Cripple 
Creek  is  merely  a  phase  of  the  general  situation.  The  Col- 
orado City  difficulty  is  the  immediate  irritant.  Here  the  union 
just  formed  is  all  but  broken  up  by  the  summary  discharge 
of  its  members  from  the  employ  of  the  Colorado  Reduction 
and  Refining  Company.  A  strike  is  the  remedy,  a  verbal  agree- 
ment being  reached  at  last,  the  union  acting  under  pressure, 
and  coming  two- thirds  of  the  way.  But  the  company  does  not 


*  Official  Reports  Western  Federation. 
5  Ibid. 

•  Ibid. 

Copy  officially  published  by  federation.     Also  in  Official  Proceedings  .for  1902. 

7  Ibid. 

8  Ibid. 

9  See  page  10,  2nd  par.,  also  f.  n.  1. 

10  See  pages  25,  f.  n.  1,  36  and  37,  including  f.  n.,  and  page  13. 

11 A  digest  is    here    given    of    the    statements    of    the  case  by  various  union 
officers. 

[140] 


KASTAKL HISTORY    OF    THE    CRIPPLE    CREEK    STRIKE       141 

fulfill  its  agreement  satisfactorily — work  is  offered  the  men  in 
such,  a  way  that  they  will  not  accept  it — the  management  will 
not  consider  the  wage  scale.  The  other  mills,  which  have 
made  entirely  satisfactory  adjustments,  become  dissatisfied, 
and  threaten  to  lower  wages  again  unless  the  Colorado  mill  is 
forced  into  line.  So  a  second  strike  is  called.  But  the  hostile 
attitude  of  the  management  has  been  so  effective  that  the  strike 
is  unsuccessful.  There  is  danger  that  all  that  has  been  gained 
will  be  lost  if  the  mill  cannot  be  controlled.  Its  ore  can  be 
shut  off.  The  Cripple  Creek  miners  are  of  the  same  organiza- 
tion and  should  support  their  brothers.  There  is  added  irrita- 
tion in  that  some  of  the  Cripple  Creek  mines  refuse  to  employ 
union  men  at  all.  The  capitalistic  class  in  Colorado  is  pushing 
labor  to  the  last  ditch,  and  throttling  its  every  move  for  better- 
ment. The  time  for  a  decisive  blow  against  such  tyranny  is  at 
hand.  So  the  miners  are  called  out.12 


THE  MINE  OWNERS'  ASSOCIATION — ITS  SIDE  OF  THE  CASE 

Most  of  the  principal  mine  owners  of  the  Cripple  Creek  District 
acted  in  concert  during  the  strike  of  1894,  and  came  to  be 
spoken  of  collectively  as  the  Mine  Owners'  Association.  While 
there  was  no  formal  organization,  the  name  persisted  during 
the  period  between  the  two  strikes.  At  the  opening  of  the  dif- 
ficulties of  1903-4  the  mine  owners  continued  to  act  collectively. 
On  August  13,  1903,  a  statement  was  issued  over  the  signatures 
of  thirty  mine  owners  setting  forth  the  generally  satisfactory 
conditions  preceding  the  strike,  and  declaring  a  policy  of 
vigorous  opposition  to  the  Federation.13  Soon  after,  steps 
were  taken  to  give  the  organization  a  permanent  form.  The 
Cripple  Creek  Mine  Owners'  and  Operators'  Association  was 
formally  organized.  E.  jA.  Colburn  was  elected  president, 
W.  H.  Bainbridge  treasurer,  and  C.  C.  Hamlin  secretary.14  The 
association  acted  thereafter  as  a  body  through  the  regular 
channels  of  president,  secretary,  and  treasurer. 


12  Official  Reports  Western  Federation. 

13  Given  in  full,  p.  92,  f.  n.  12. 

14  Accounts  bv   officers. 

[141] 


142  BULLETIN  OF  THE  UNIVERSITY  OF   WISCONSIN 

On  September  17th  the  following  notice  was  posted: 

' l  It  is  hereby  given  out  that  no  member  of  any  union,  affiliated 
or  connected  with  the  Western  Federation  of  Miners  will  be 
given  employment  on  this  property. 

"By  order  of  the  Cripple  Creek  District  Mine  Owners'  and 
Operators '  Association. ' ' 

The  association  thereafter  announced  its  intention  not  only 
to  refuse  absolutely  to  treat  in  any  way  with  the  "Western 
Federation  of  Miners,  or  employ  its  members,  but  to  prevent  if 
possible  the  employment  of  Federation  men  anywhere  in  the 
district.  So  far  as  the  influence  of  the  organization  would 
reach,  mines  and  mills  operating  at  the  time  were  compelled  to 
discharge  all  union  workmen.15 

March  10,  1904,  after  the  first  period  of  military  rule,  the 
association  went  a  step  further,  and  announced  its  intention 
"to  drive  the  disturbing  and  dangerous  element  of  the  Western 
Federation  of  Miners  from  the  district  and  from  the  state  if 
possible."16  This  was  followed  by  the  adoption  of  the  card 
system,  which  effectually  blacklisted  members  of  the  Federa- 
tion. All  applicants  for  work  were  furnished  'with  a  blank 
form  for  the  answering  of  a  number  of  questions,  the  last  four 
of  which  were  as  follows : 

"Are  you  a  member  of  the  Western  Federation  of  Miners? 

"Have  you  ever  been  a  member  of  the  Western  Federation  of 
Miners? 

"If  so,  when  did  you  sever  your  connection  with  that  organi- 
zation? 

"Do  you  belong  to  any  labor  organization,  and  if  so,  what?" 

These  questions  satisfactorily  answered,  the  secretary  of  the 
association  issued  the  applicant  a  card,  which  was  surrendered 
and  returned  to  the  secretary  upon  securing  employment. 
When  a  new  position  was  sought  the  card  was  re-issued.  No 
work  could  be  obtained  without  it,  and  a  man  could  be  dropped 
at  any  time  by  simply  refusing  to  re-issue  his  card. 

To  the  mine  owners  the  Cripple  Creek  strike  was  simply 
an  unwarranted,  arbitrary,  and  unjust  blow,  struck  at  the 

18  Labor  Disturbances  in  Colorado,  in  Report  of  the  United  States  Commissioner 
of  Labor,  p.  224.     Also  this  work,  p.  117,  f.  n.  23. 
16  Given  in  part  on  pp.  116  and  117. 

[142] 


RASTALL HISTORY    OF    THE    CRIPPLE    CREEK    STRIKE      143 

instigation  of  a  few  officials  while  conditions  were  unusually 
satisfactory,  and  in  spite  of  the  actual  opposition  of  the  men 
concerned.17  "Whatever  may  have  been  the  status  of  the  eight-hour 
day  in  Colorado  City  it  was  not  involved  at  Cripple  Creek,  for 
the  eight-hour  day  had  been  in  force  there  for  nine  years.  What- 
ever may  have  been  the  conditions  at  Colorado  City  the  mine  own- 
ers were  not  concerned.  Only  a  few  of  the  mines  were  ship- 
ping to  the  mill  in  question,  and  most  of  them  were  bound  ab- 
solutely by  contracts..  It  was  unthinkable  that  they  should 
be  forced  into  being  the  club  of  the  Western  Federation  for  the 
compelling  of  anybody  and  everybody  to  the  wishes  of  that 
organization. 

The  strike  called,  and  no  demands  to  which  to  accede,  no 
grievances  to  settle,  but  one  course  was  possible,  to  open  the 
mines  fearlessly,  and  run  them  in  independence  of  the  Federa- 
tion. It  was  not  to  be  supposed  that  in  the  future  they  would 
put  themselves  again  under  the  power  of  such  an  organization, 
Federation  men  might  look  elsewhere  for  employment.  When 
resort  was  had  to  threats  and  actual  violence,  and  they  were 
being  prevented  from  opening  the  mines,  it  was  no  more  than 
right  that  the  state  should  furnish  them  protection,  especially 
when  the  local  government  was  so  largely  in  the  hands  of  their 
opponents,  and  no  very  active  efforts  were  to  be  expected  from 
them.  The  card  system  was  to  give  them  a  record  of  their 
workmen,  and  to  prevent  the  union  miners  from  quietly  getting 
back  into  power. 

With  the  explosion  and  riots  of  June  6th,  it  became  apparent 
that  no  permanent  peace  could  be  expected  so  long  as  the  or- 
ganization of  the  Western  Federation  remained  in  the  county. 
Under  the  conditions  it  was  almost  impossible  to  ferret  out 
criminals,  and  as  the  mines  were  successfully  operating,  and  it 
was  not  proposed  to  have  any  further  dealings  with  the  Federa- 
tion, the  only  thing  left  was  to  rid  the  community  of  it.  This 
was  a  humane  and  just  policy,  for  angry  citizens  were  threat- 
ening general  lynchings.  Deportation  was  an  act  of  necessity 
for  the  general  welfare  of  the  public.18 


17  Digest  from  proclamations,  and  statements  by  officers. 

[143] 


144          BULLETIX  OF  THE  TJKIYEBSITY  OF  WISCONSIN 

THE  CITIZENS  ALLIANCES — THEIR  SIDES  OF  THE  CASE 

Citizens  Alliances  were  formed  at  various  places  in  Colorado 
during  the  labor  disturbances  of  1903.  The  movement  started 
in1  Denver  and  spread  to  every  city  in  which  strikes  of  consider- 
able importance  occurred.  Business  men  from  all  ranks,  with 
some  professional  men,  and  a  few  workmen,  constituted  the 
membership.  A  state  organization  was  later  effected.  The 
principal  avowed  objects  of  the  alliances  were  to  restrain  mem- 
bers of  labor  unions  from  unlawful  conduct  while  strikes  were 
in  progress,  and  in  general  to  discourage  lockouts,  strikes  and 
boycotts.19 

The  Citizens  Alliance  in  Cripple  Creek  was  formed  during 
the  first  shock  of  disrupted  business  conditions  subsequent  to 
the  calling  of  the  last  strike.  The  date  of  its  organization  was 
August  27th,  and  on  September  2nd  it  had  a  membership  of 
500.20  The  Citizens  Alliance  and  Mine  Owners'  Association  were 
entirely  independent  organizations.  They  had,  however,  a  consid- 
erable common  membership  and  worked  on  an  informal  agreement 
for  the  same  end.  When  rumors  of  a  lowering  of  wages  have  arisen 
since  the  settlement  of  the  difficulty,  officers  of  the  alliance  have 
stated,  that  one  of  the  stipulations  under  which  they  gave  their 
support  to  the  association  was  that  wages  should  not  be  lowered 
when  the  strike  had  been  won.21 

To  show  the  attitude  of  the  organization,  soon  after  its  forma- 
tion, it  issued  a  statement  of  which  the  closing  paragraphs  are 
here  quoted. 

"  Resolved,  That  the  persons  most  active  in  the  work  of  de- 
terring and  retarding  the  wonderful  advancement  and  prosperity 
of  this,  of  all  the  United  States  the  grandest  and  most  bounti- 
fully endowed,  through  motives  incomprehensible,  but  at  best 
evidence  of  an  extremely  lax  idea  of  the  principles  enunciated 
in  the  grandest  instrument  of  all  ages,  the  Constitution  of  the 
United  States,  should  be  lawfully  restrained,  that  such  an  act 


19  Special  Report  United  States  Commissioner  of  Labor.  Chap.  2. 
Constitution  Colorado  State  Citizens  Alliance.     Statements  of  officers. 

20  Official  Announcement  published  Sept.  2.  1903. 

21  Statement  by  various  members  and  officers  to  the  author. 

[144] 


KASTAI/L HISTORY   OF    THE    CRIPPLE    CREEK    STRIKE 

will  conserve  the  best  interests  of  all  true  American-loving  citi- 
zens. 

"Resolved,  further,  That  any  person  who  does  not  choose  to 
•work  under  the  existing  conditions  of  wages  and  hours,  which 
he  himself  helped  to  establish,  and  persuades  or  attempts  to  in- 
duce another  to  refrain  from  honest  labor,  is  a  parasite  upon  the 
body  politic,  and  the  community  should  be  freed  from  such  con- 
taminating influences. 

"Resolved,  further,  That  in  contradiction  to  the  misconceived 
idea  of  some  few  that  our  organization  is  antagonistic  to  unions 
or  organized  labor,  let  it  be  understood  that  we  oppose  no  organ- 
ization of  individuals  who  act  within  the  law,  but  we  permit  no 
person  to  arrogate  the  right  to  interpret  the  law  to  suit 
himself. 

"Resolved,  That  one  of  the  most  potent  factors  in  the  settle- 
ment of  the  late  unpleasantness  is  the  presence  in  our  midst  of 
that  sturdy  soldier,  with  unblemished  character,  whose  inde- 
fatigable efforts  are  on  the  side  of  right  and  justice,  and  whose 
very  name  sends  a  cold  chill  down1  the  spinal  column  of  the 
wrong  doer,  and  to  whom  we  raise  our  hats — General  Sherman 
Bell." 

When  the  troops  were  sent  to  the  district  it  passed  the  follow- 
ing resolution: 

"Resolved  by  the  Citizens  Alliance  of  the  Cripple  Creek  Dis- 
trict, That  we  heartily  approve  the  action  of  Governor  Peabody 
in  ordering  the  state  troops  to  the  Cripple  Creek  district  for  the 
purpose  of  maintaining  peace,  and  we  believe  this  is  the  most 
effectual  means  of  stopping  the  crime  of  which  we  have  already 
had  several  instances,  and  from  which  the  majority  of  the  citi- 
zens of  this  district  have  been  in  constant  fear  and  dread,  and 
the  like  of  which  has  brought  shame  and  disgrace  on  honest 
unionism  in  this  county.  .  .  . 

The  alliance  took  a  threatening  attitude  toward  those  who 
would  not  join  the  organization.  Many  men  joined  it  because 
they  feared  boycott  if  they  refused,  and  many  members  ex- 
pressed themselves  as  out  of  sympathy  'with  the  methods  em- 
ployed by  the  organization.22  December  8th  Secretary  Parsons 


22  Information    from    personal    Interviews.     See    also    Special    Report,    United 
States  Commissioner  of  Labor,  p.  49. 

10  [145] 


146  BULLETIN  OF  THE  TJNIVEKSITY   OF   WISCONSIN 

in  issuing  a  call  for  a  special  meeting  closed  as  follows :  ' '  We 
herewith  enclose  you  a  list  of  the  firms  that  do  not  belong  to  the 
Alliance.  You  can  govern  yourselves  accordingly." 

On  June  9,  1904,  during  the  deportation  period,  the  member- 
ship of  the  association  signed  the  following  agreement: 

'  *  We,  the  undersigned  merchants  of  the  Cripple  Creek  district 
and  employers  of  help,  hereby  agree  not  to  employ  help  of  any 
kind  that  is  in  any  way  connected  with  the  Trades  Assembly  or 
the  American  Federation  of  Labor  or  the  Western  Federation  of 
Miners. ' ' 

The  next  day  the  agreement  was  changed  to  read  "American 
Labor  Union'7  because  it  was  found  that  all  barbers',  printers', 
and  carpenters '  unions  were  included  in  the  Federation  of  Labor, 
and  their  services  were  at  the  time  deemed  indispensible. 

June  14th  a  general  statement  was  issued,  of  which  the  latter 
part  is  given: 

"In  the  future  neither  walking  delegates,  agitators,  nor  labor 
unions  will  be  allowed  to  say  who  may  or  may  not  labor  in 
Teller  County,  or  who  may  or  may  not  do  business  here. 

'  *  The  sources  of  strife  in  the  Cripple  Creek  district  have  been 
the  Western  Federation  of  Miners  and  the  Trades  Assembly, 
which  they  dominated  and  through  which  they  carried  out  their 
boycotts,  etc. 

' '  There  is  no  room  in  Teller  County  for  these  two  organizations 
and  their  existence  will  no  longer  be  tolerated.  The  citizens 
and  tax-payers  are  bound  to  have  peace,  law,  and  order  in 
Teller  County,  and  while  they  have  no  wish  to  work  hardship  on 
any  person  simply  because  of  his  membership  in  a  labor  union, 
nevertheless  drastic  measures  must  and  will  be  adopted  to  pre- 
serve peace.  Crafts  of  the  various  classes  organized  will  not 
be  interfered  with  as  to  their  local  or  international  affiliation, 
provided  the  Trades  Assembly  be  forthwith  disbanded  and  no 
similar  boycotting  agency  be  organized:  provided  further,  that 
such  unions  of  the  local  crafts  have  not  for  their  national  or 
international  affiliation  the  Western  Federation  of  Miners,  The 
American  Labor  Union,  the  State  Federation  of  Labor,  or  any 
kindred  organization. 

"We  declare  against  all  agitators  and  walking  delegates.  We 
declare  against  strikes,  boycotts,  and  walkouts. " 

[146] 


RASTALL HISTORY   OF    THE    CRIPPLE    CREEK    STRIKE      147 

The  position  of  the  Citizens  Alliance  on1  the  various  strike 
questions  was  exactly  that  of  the  Mine  Owners'  Association,  and 
the  arguments  advanced  were  the  same  as  those  of  the  associa- 
tion, but  assumed  from  a  more  general  business  standpoint. 


THE  POSITION  OF  THE  STATE  AUTHORITIES 

During  the  strike  of  1903-4  the  Colorado  National  Guard  was 
called  upon  for  unusually  extensive  service.  Troops  were  in  the 
Cripple  Creek  District  for  a  period  of  nine  months.  Campaigns 
were  carried  on  at  Colorado  City,  Cripple  Creek,  Telluride,  and 
Trinidad,  and  at  times  the  entire  available  state  militia  was  in 
active  service.  Cripple  Creek  and  Telluride  were  subjected  to 
periods  of  military  rule,  and  deportation  occurred  under  mili- 
tary authority  from  Cripple  Creek,  Telluride,  and  Trinidad. 
The  state  officers  thus  laid  themselves  open  to  charges  of  col- 
lusion with  the  corporate  and  large  business  interests  of  the 
state,  and  were  severely  criticised  for  their  action.  The  facts 
underlying  the  situation  at  Cripple  Creek  were  the  political 
isolation  of  Teller  County,  the  strength  of  the  mine  workers 
there,  and  the  control  of  the  county  and  state  by  the  extreme 
wings  of  the  two  great  opposed  parties  of  the  state. 

In  his  official  statement  explaining  his  various  acts  during 
the  Cripple  Creek  disturbances  Governor  Peabody  declared  that 
he  had  acted  fairly  and  disinterestedly  for  the  preservation'  of 
law  and  order.23  He  insisted  that  the  Western  Federation  of 
Miners  was  a  violent  organization,  with  dangerous  political 
theories,  and  a  long  record  of  crime,  whose  only  claim  to  re- 
spectability was  its  title  as  a  labor  organization. 

' '  I  have  had  to  deal  with  an  organization  which  has  no  counter- 
part in  this  country.  Its  official  proclamations,  full  of  defiance 
and  challenge,  issued  from  time  to  time,  have  amounted,  as  has 
been  said,  to  'a  declaration  of  war  against  the  state.'  I  have 
met  the  challenge  with  a  policy  none  too  vigorous  for  the  out- 
lawry I  was  called  to  oppose.  But  through  it  all  I  have  had  but 


88  Digest  from  signed  statement  issued  by  the  governor,  July  30,  1904,  addressed, 
To  the  people  of  Colorado. 

[147] 


148  BULLETIN  OF  THE  UNIVEKSITY  OF   WISCOXSLN 

one  object,  and  that  to  show  the  people  of  Colorado  that  the 
laws  will  be  upheld,  that  a  criminal  organization  cannot  dictate 
the  policy  of  this  administration,  and  that  everywhere  within 
the  borders  of  Colorado  property  shall  be  secure  and  labor 
free." 

The  troops  were  called  to  Colorado  City  upon  the  demand  of 
the  sheriff,  accompanying  a  petition  from  leading  citizens,  which 
the  executive  was  bound  to  respect.  Action  at  Cripple  Creek 
was  based  upon  the  criminal  record  of  the  Federation. 

' l  This  record  convinced  me  that  the  overt  acts  which  had  been 
committed  in  Cripple  Creek  were  but  forerunners  of  others, 
and  that  with  the  executive  officers  of  Teller  County  in  direct 
collusion  with  this  organization,  it  would  be  but  a  few  days 
until  a  reign  of  terror,  involving  loss  of  life  and  property,  would 
be  established  in  that  district.  The  federation  is  led  and  ab- 
solutely controlled  by  unscrupulous  men.  Only  two  of  the  ex- 
ecutive committee  are  residents  of  the  state,  and  none  of  the 
Committee  has  anything  in  common  with  the  state's  interests. " 

Stress  is  laid  upon  the  high  duty  devolving  upon  the  executive 
to  afford  protection  to  men  who  desire  to  labor.  In  affording 
this  protection  it  became  necessary  "to  confine  certain  men  in 
military  guard  houses,  as  one  of  the  safest  and  most  expeditious 
methods  of  restoring  order."  The  legality  of  the  action  was 
attested  by  the  State  Supreme  Court.  There  were  the  occasional 
indiscretions  among  officers  and  men  inevitable  in  so  large  a  body 
unaccustomed  to  military  service,  but  in  general  the  conduct 
of  the  troops  was  praiseworthy,  and  the  only  reason  that  they 
were  found  actively  opposed  to  the  acts  and  purposes  of  the 
Federation  was  "because  that  organization  was  attempting  to 
prevent  by  violence  the  operation  of  the  mines  and  mills." 

With  the  strike  apparently  over  and  peace  restored,  came  the 
dynamiting  of  the  Independence  station,  and  the  determination 
of  the  citizens  that  the  community  must  be  rid  of  the  authors 
and  investigators  of  such  crimes. 

When  the  excitement  had  subsided  somewhat  and  the  county 
was  still  under  quasi  military  rule,  it  was  found  that  there  were 
several  hundred  members  of  the  Western  Federation  in  the 
district  who  would  not  work,  and  had  resolved  that  others  should 

[148] 


RASTALL HISTORY    OF   THE    CRIPPLE    CREEK    STRIKE       149 

not,  if,  by  such  methods  as  those  employed  at  the  Independence 
station,  they  could  be  driven  or  frightened  away. 

"It  became  apparent  that,  even  with  every  member  of  the 
National  Guard  in  that  county,  it  would  be  impossible  to  prevent 
the  use  of  dynamite  in  the  stealthy  manner  always  employed 
by  the  Federation.  The  mountains  and  gulches  of  that  rugged 
country  afford  a  multitude  of  safe  places  for  reconnoitre  and 
hiding.  The  troops,  which  had  already  been  there  the  greater 
part  of  the  year,  could  not  be  maintained  indefinitely  without 
incurring  immense  additional  expense.  The  only  safe  and  avail- 
able remedy  seemed  to  be  to  disperse  the  radical  members.  If 
all  of  them  had  not  personally  participated  in  the  outrages  they 
had  at  least  stood  approvingly  by  and  given  their  support,  en- 
couragement, and  protection. 

"If  these  men  were  scattered,  the  avenues  which  ten  years  of 
organization  and  association  had  opened  for  crime  in  that  dis- 
trict would  be  closed.  It  would  require  much  time  in  any 
other  community  before  they  could  gather  about  them  a  new 
band  of  conspirators  with  the  inclination  and  daring  to  inaugu- 
rate in  a  new  field  another  condition  of  terrorism.  These  men 
as  I  have  said,  had  determined  never  to  yield  the  strike.  The 
mine  owners  had  resolved  not  to  employ  again  the  members  of 
that  organization.  Therefore  the  only  employment  which  re- 
mained for  them  was  that  of  stirring  up  strife,  committing  de- 
predations, and  intimidating  by  inhuman  crimes  the  working 
miners. 

1 '  I  resolved  that  they  should  be  dispersed  and  I  dispersed  them. 
This  was  done,  however,  only  after  careful  investigation  of  each 
individual  case."24 


THE  RESPONSIBILITY  AND  BLAME — THE  WESTERN  FEDERATION  OP 

MINERS 

For  the  opening  of  the  Cripple  Creek  strike  the  Western  Fed- 
eration of  Miners  must  take  the  whole  responsibility.25  What- 
ever may  have  been  the  reasonable  complaints  as  to  the  eight-hour 


24  p.  147,  f.  n.  23. 

25  See  pp.  83,  84. 

[149] 


150  BULLETIN  OF  THE  UNIVERSITY  OF   WISCONSIN 

day  in  Colorado  as  a  whole,  and  as  to  the  right  to  form  unions 
and  to  adjust  wages,  at  Colorado  City,  these  things  had  no 
direct  connection  with  Cripple  Creek.26  Admittedly  the  con- 
ditions were  absolutely  satisfactory,  and  the  only  excuse  for 
the  strike  was  the  refusal  of  certain  mines  to  cease  shipping 
ore  to  the  Colorado  City  plant.27  When  it  is  remembered  that 
most  of  the  mines  were  not  shipping  to  the  reduction  company 
at  all;28  that  those  which  refused  were  bound  by  contracts;29 
and  that  the  strike  on  the  reduction  company  represented  a 
sum  total  of  nine  men  out,  the  strike  stands  in  its  true  light.30 

The  result  was  simply  what  might  have  been  expected,  with 
determined  and  powerful  men  on  the  other  side.  The  Federa- 
tion pulled  the  avalanche  down  upon  its  own  head.  By  its 
constant  partisan  action,  and  the  conscienceless  use  of  its  power 
before  the  strike,  it  paved  the  way  for  an  unrestrained  reac- 
tion. And  while  nothing  said  here  must  be  taken  as  condoning 
lawlessness  committed  by  any  person  whomsoever,  so  far  as 
the  Federation  itself  is  concerned,  it  may  blame  itself  for  the 
disastrous  result.  The  unions  reaped  only  what  they  had 
sown. 

Concerning  the  crimes  committed  during  the  latter  part  of 
the  strike  so  little  evidence  has  been  adduced,  that  judgment 
must,  for  the  present,  be  suspended.  Especially  is  this  true 
since,  at  the  time  the  outrages  were  committed,  the  district  was 
completely  in  the  hands  of  those  who  sought  in  every  possible 
way  to  fasten  the  guilt  upon  the  unions,  but  who  exhausted 
their  means  and  ingenuity  without  result.31  The  general  cir- 
cumstantial evidence  can  be  adduced,  but  nothing  further. 

The  people  of  the  mining  area  in  general,  who  have  lived 
with  the  Federation,  and  known  its  history,  have  little  hesita- 
tion in  laying  the  criminal  acts  connected  with  the  strike  at  the 
door  of  that  organization.  Nor  will  they  change  their  opinion 
unless  strong  evidence  is  shown  to  the  contrary.  During  the 

26  See  p.  18,  including  footnote,     p.  88,  f.  n.  5.     pp.  88  and  89.  especially  foot- 
notes p.  89. 
2T  lUd. 

28  See  pp.  82  and  83. 

29  See  p.  82. 
80  See  p.  88. 

31  pp.  104,  108,  129,  Chap.  V.  entire  and  Chap.  VI.  Section  on  trials. 

[150] 


WHAT  IS  A  SCAB? 

A  scab  is  to  his  trade  what  a  traitor  is  to  his  country,  and  though  both  may  be  useful  in 
troublesome  times,  they  are  detested  when  peace  returns,  by  all;  so  when  help  is  needed,  a  scab  is 
the  last  to  contribute  assistance,  and  the  first  to  grasp  a  benefit  he  never  labored  to  procure.  He 
cares  only  for  himself;  he  sees  not  beyond  the  extent  of  a  day,  and  for  a  monetary  approbation  he 
would  betray  his  friends,  family  and  country;  in  short,  he  is  a  traitor  OB  a  small  scale,  who  first 
sells  the  worltingman  and  is  himself  afterwards  sold  in  his  turn  by  his  employer,  until  at  last  he  is 
despised  by  both  and  detested  by  all. ,  He  is  an  enemy  to  himself  to  the  present  age  and  to  posterity. 

Remember  the  names  and  the  faces.      You  will  meet  them  again. 


For  further  information,  address  the 

Secretary   District   Union  No.    i  W.  F.  M., 
•ECOND  EDITION.   MORE  COMING.  Cripple  Creek,   Colorado. 

A  "SCAB  LIST"  PUBLISHED  BY  THE  WESTERN  FEDERATION. 


EAST  ALL HISTORY  OF  THE  CRIPPLE  CREEK  STRIKE   151 

strike  of  1894  a  reign  of  terror  was  brought  about  by  men  of 
criminal  character,  many  of  whom  were  admitted  to  the 
unions.32  Non-union  men  were  severely  beaten,33  and  the 
Strong  mine  was  blown  up.3*  Between  the  strikes  non-union 
men  were  beaten,  and  in  one  case  at  least  a  non-union  man  was 
shot,  and  the  perpetrators  protected  from  just  punishment  by 
union  juries.35  In  the  strike  of  1903  men  were  assaulted  and 
property  was  destroyed;36  there  was  such  a  condition  for  a 
time  that  men  opposed  to  unions  felt  it  unsafe  to  be  out  after 
dark ;  shots  were  fired  through  the  shaft  houses  of  mines  ;37  and 
threats  were  made  to  non-union  men  and  militiamen,  of  which 
the  Vindicator  explosion,  the  attempted  train  wrecking,  and 
the  Independence  horror  would  have  been  only  a  partial  ful- 
fillment.38 

In  Victor  union  hall  on  the  day  of  the  Victor  riots,  a  num- 
ber of  photographs  of  mine  groups  were  found.  Over  the  pic- 
ture of  each  non-union  man  a  number  was  placed,  and  on  the 
back  the  names  were  written  with  the  corresponding  numbers. 
From  the  names  on  the  back  of  the  Vindicator  Mine  group  two 
had  been  scratched  out,  the  names  of  Charles  H.  McCormick 
and  Melvin  Beck,  who  had  been  killed  in  the  descending  cage 
at  the  mine.  The  mine  owners  took  this  as  evidence  of  an 
assassination  plot,  but  the  union  officials  explained  that  the 
pictures  were  simply  for  the  making  up  of  "scab  lists"  that 
had  been  published  at  frequent  intervals.39  In  the  raids  by 
militia  and  deputies  that  followed,  at  one  place  a  number  of 
Winchesters  and  300  rounds  of  ammunition  were  discovered.40 
Under  the  cabin  of  one  of  the  Altman  union  officials  was  found 
a  quantity  of  high  explosives,  spools  of  wire,  and  electric  bat- 
teries.41 Ellsworth  W.  Holden,  a  machinist  member  of  the 

82  Part  I,  p.  30,  including  f.  n.  3. 

83  Part  I,  p.  31. 

34  Part  I,  p.  33. 

35  See  p.  70. 

38  See  pp.  92  and  93. 

37  Testimony  of  a  number  of  non-union  men  and  mine  guards. 

38  From  many  statements  by  militiamen  and  non-union  men. 

39  See  illustration  opposite  p.  150. 

40  Report  Adjutant    General,    1903-04.     Also    testimony   before    Coroner's    Jury 
In  Victor  Riots. 

41  This  find  was  credited  to  K.  C.  Sterling,  a  detective  in  the  employ  of  the 
Mine  Owners'  Association.     Sterling  does  not  enjoy  a  good  reputation,  and  the 

[151] 


152  BULLETIN  OF  THE  UNIVERSITY   OF   WISCONSIN 

Federation,  testified  that  at  the  time  of  the  Colorado  City  strike 
Federation  officers  tried  to  induce  him  to  go  to  Colorado  City, 
and  gaining  employment  as  a  non-union  man,  to  wreck  the 
machinery  of  the  Colorado  Eeduction  and  Refining  Company.42 
No  one  would  think  for  a  moment  of  accusing  the  rank  and  file 
of  the  Western  Federation  of  such  outrages  as  marked  the  last 
stages  of  the  strike.  But  there  were  certainly  members  of  the 
organization  who  would  not  hesitate  to  commit  crime  to  accom- 
plish their  ends.  There  were  certain  officers  who  were  willing 
to  countenance  and  even  to  instigate  the  beating  of  men,  and 
the  destruction  of  property.  Would  they  not  wink  at  the  com- 
mission of  graver  crimes? 


THE  MINE  OWNERS'  ASSOCIATION  AND  THE  CITIZENS'  ALLIANCES 

No  discredit  is  to  be  attached  to  the  mine  owners  for  oppos- 
ing a  solid  front  to  the  attack  of  the  Western  Federation  of 
Miners,  nor  for  straining  every  nerve  to  break  the  strike.  To 
have  submitted  would  have  been  to  admit  a  condition  of  sub- 
serviency impossible  to  men  of  strength  and  courage.  Nor 
with  the  police  power  of  the  district  so  thoroughly  in  the  hands 
of  the  miners,43  could  they  be  expected  not  to  make  every  effort 
to  secure  the  presence  of  state  troops.  The  position  of  the 
Citizens  Alliances  was  also  perfectly  natural,  in  opposing  a 
condition  that  was  bringing  upon  them  financial  ruin.44 

Many  of  the  men  employed  as  guards  by  the  mine  owners 
during  the  strike  were  roughs  of  the  worst  type,  men  with 
criminal  records  either  before  or  since  that  time.  The  follow- 
ing list  of  mine  deputies  who  committed  criminal  acts  within 
12  months  after  the  close  of  the  strike.,  will  serve  as  basis  for 
judging  this  fact. 


miners  made  various  charges  against  him.     See  connection  with  train  wrecking 
cases,  pp.  55,  56  and  57.     See  also  Cripple  Creek  Times,  June  8  and  9,  1904. 

42  Testimony  before  the  military  commission  verified  by  the  author. 

43  See  p.  66  and  same,  f.  n.  10. 

44  See  pp.  63  and  144. 


[152] 


EASTALL HISTOKY   OF    THE    CEIPPLE    CKEEK   STRIKE      153 


MINE   DEPUTIES   WHO    COMMITTED   CRIMINAL   ACTS    WITHIN   TWELVE 
MONTHS  AFTER  THE  CLOSE  OF  THE  STRIKE, 


Name. 

Crime  . 

District  court 
trial. 

Sentence  . 

James  Warr'ord  

Murder,  .... 

No.  984  .. 

On  second  trial,  life. 

James  Warford  

Assault.  . 

Nos  909  923 

10  to  12  years 

Thomas  C  .  Brown.  .  .  . 

Murder  .. 

No.  923  

Jury  disagreed,  noil  ed 

Walter  Kenley  
John  Police  

Assault,  intent  to  kill  
Fraudulent  check 

Nos.  v  09,  912.. 
No  943 

10  to  12  years. 
Not  tried  Jan    1906 

Thomas  C  .  Brown  .  .  . 

Theft               

No.  939  

Jail  sentence. 

Charles  Fightmaster 
Bert  Smith  

Highway  robbery  
Highway  robbery  

No.  956  
No.  956  

8  years. 
8  years. 

Clark  Watt  

Assault,  intent  to  kill  .  . 

No  994  .     . 

10  to  12  years. 

John  Frame.  
Eugene  Scott 

Assault,  intent  to  kill  .... 

No.  994  

No  S80 

10  to  12  years. 

Thomas  Scanlan 

Assault    . 

No  865 

10  mouths 

It  is  not  apparent  just  how  much  can  be  adduced  from  the 
above  statement.  The  position  of  deputy  at  such  a  time,  with 
its  attendant  danger,  and  the  certainty  of  public  contempt,  will 
not  be  accepted  by  the  ordinary  citizen.  The  mine  owners  had 
to  draw  from  the  only  supply  available  for  the  purpose,  and 
had  to  take  what  they  could  get.  But  the  fact  remains  that 
there  were  in  the  employ  of  the  Mine  Owners'  Association  dur- 
ing the  strike  men  capable  of  almost  any  crime,  and  that,  as 
pointed  out  by  the  unions,  these  men  might  as  logically  be 
blamed  for  the  overt  acts  of  the  strike  as  any  men  who  could 
possibly  have  belonged  to  the  unions.  In  the  train  wrecking 
case  the  union  attorneys  certainly  succeeded  in  throwing  a 
great  deal  of  suspicion  upon  Detectives  Scott  and  Sterling.45 
Charles  Beckman,  who  had  joined  the  Federation  as  a  detective 
for  the  mine  -owners,  admitted  that  he  had  been  urging  the 
commission  of  various  overt  acts,  but  explained  that  he  did  so 
simply  that  by  working  into  the  confidence  of  the  right  men 
he  should  be  in  a  position  to  know  of  such  plots.46  In  some 
cases  since  the  strike,  officials  under  the  influence  of  the  mine 
owners  have  sought  in  a  most  disgraceful  manner  to  protect 
criminal  deputies  and  others  from  the  results  of  their  mis- 
deeds.47 


45  See  p.  106. 

40  p.  105.  See  also  United  States  Commissioner  of  Labor,  Special  Report  on 
Cripple  Creek  Strikes,  Chap.  XX. 

47  See  District  Court  Case,  People  rs.  Charles  Fightmaster  and  Bert  Smith. 
Conviction  of  highway  robbery,  October,  1905.  Testimony  and  charge  to  jury. 

See  also  this  work,  Chap.  V.,  section  on  The  Period  Following  the  Strike. 


[153] 


154  BULLETIN  OF  THE  UNIVERSITY  OF   WISCONSIN 

In  the  lawlessness  following  the  crimes  of  June  6th  the  mine 
owners  cannot  be  separated  from  the  Citizens  Alliance.  Each 
had  a  part  but  not  a  separate  one.  It  is  the  testimony  of  re- 
liable witnesses  that  the  speech  of  the  secretary  of  the  Mine 
Owners'  Association  on  the  afternoon  of  the  Victor  riots  was 
such  as  any  sane  man  must  know  would  create  trouble,  and 
that  he  was  entirely  to  blame  for  the  starting  of  the  affair.48 

The  actions  of  the  following  days  can  all  be  explained  as  the 
natural  outcome  of  the  conditions.  The  wave  of  indignation 
following  the  terrible  Independence  explosion  could  be  ex- 
pected to  carry  men  off  their  feet.  The  great  dread  that  fol- 
lowed the  conviction  that  the  Federation  was  responsible, 
might  be  expected  to  bear  some  fruit.  For  men  believing  as 
they  did  there  was  much  excuse  for  the  lawless  acts  that  fol- 
lowed. But  to  explain  lawlessness  is  not  to  justify  it,  to  find 
extenuating  circumstances  is  not  to  condone  it.  There  are  ex- 
tenuating circumstances  for  practically  all  mob  violence.  There 
are  always  extenuating  circumstances  for  the  negro  lynchings 
of  the  South.  There  were  extenuating  circumstances  for  the 
lynching  that  occured  near  Denver  a  few  years  ago,  but  it 
roused  such  a  storm  as  resulted  in  changing  one  of  the  fund- 
amental laws  of  the  Sta-te.49  If  law  is  to  be  observed  only 
when  it  seems  to  work  no  hardship  upon  those  concerned  and, 
when  there  are  no  alleviating  conditions,  it  is  a  poor  thing 
indeed,  and  useless,  for  men  need  no  law  to  follow  their  own 
inclinations.  One  great  intent  of  law  is  restraint,  to  com- 
pel men  to  follow  one  path  when  there  are  strong  impulses  to 
follow  another.  The  mob  outrages  in  the  Cripple  Creek  Dis- 
trict, and  the  wholesale  deportation  of  men  were  a  disgrace  to 
the  commonwealth  of  Colorado,  and  will  long  foster  among 
other  peoples  a  humiliating  and  unjust  judgment  of  the  cit- 
izens of  that  state. 


48  Statements  of  a  number  of  non-partisan  witnesses  who  were  present  at  the 
mass  meeting. 

49  The  readoption  of  capital  punishment. 


[154] 


EAST  ALL HISTORY  OF  THE  CRIPPLE  CKEEK  STRIKE   155 


THE  STATE  AUTHORITIES 

In  every  case  in  which  troops  were  used  in  the  Colorado  City 
and  Cripple  Creek  difficulties,  they  were  called  into  action  be- 
fore such  conditions  existed  as  are  generally  considered  to 
warrant  resort  to  state  military  power,  viz.,  the  commission  of 
such  overt  acts  as  to  show  the  existence  of  a  mob,  or  such  a 
condition  of  lawlessness  as  has  gotten  beyond  the  possibility  of 
successful  local  control.50  The  troops  were  called  out  upon 
the  assertion  that  such  conditions  were  imminent,  not  that  they 
existed,  and  final  judgment  as  to  the  justice  of  the  calls  must 
rest  upon  that  point. 

One  side  of  the  case  is  well  put  in  the  report  of  Colonel  Ver- 
deckberg,  Commanding  Teller  County  Military  District: 

'  *  During  my  long  and  varied  experience  in  the  National  Guard 
of  Colorado  it  has  invariably  occurred  that  troops,  when  utilized 
in  suppressing  riots,  insurrections  and  rebellions,  were  not  or- 
dered into  the  disturbed  localities  until  life  or  property  had  been 
destroyed,  or,  in  other  words,  until  a  seemingly  stronger  argu- 
ment presented  itself  for  such  a  procedure  than  was  taken  in 
the  campaign  just  closed.  Threats  and  intimidations  were  of 
such  a  startling  nature  and  of  such  frequent  occurrence  that, 
continued  longer,  they  would  naturally  have  brought  about  a 
more  serious  state  of  affairs  and  additional  hardships  to  the 
law-abiding  citizens  of  the  district  and  to  the  State  in  its  sup- 
presssion  of  lawlessness.  Without  doubt,  therefore,  in  view  of 
the  fact  that  the  primary  objects  for  which  military  rule  was 
established  in  Teller  county  were  satisfactorily  accomplished, 
the  more  speedily  on  account  of  its  early  inception  and  its  pre- 
ventive influence  over  the  acts  of  lawless  men  and  agitators, 
and  that  its  results  have  worked  toward  the  betterment  of  con- 
ditions throughout  the  county,  the  prompt  action  of  your  ex- 
cellency in  thus  using  the  strong  hand  of  the  military  before 
bloodshed  or  the  destruction  of  property  could  ensue  was  the 
most  important  factor  in  the  restoration  of  peace  and  order; 


60  See  pp.  75-77,  including  f.  n.,  pp.  93-96,  including  f.  n.,  and  pp.  126  and  127. 

[155] 


156  BULLETIN  OF  THE  UNIVERSITY  OF  WISCONSIN 

and  this  campaign  should  establish  a  strong  and  valuable  pre- 
cedent.7' 

The  other  side  is  represented  in  an  editorial  from  the  Den- 
ver Post. 

' '  The  situation  at  Cripple  Creek  is  a  reminder  of  the  fact  that 
the  President  of  the  United  States  and  governor  of  a  state  have 
unlimited  power  in  emergencies.  .  .  . 

' '  But  there  is  nothing  the  governor  of  a  state  or  the  president 
of  the  United  States  tries  so  earnestly  to  avoid  as  the  exercise  of 
the  power  now  being  used  by  Governor  Peabody.  Seldom  has  it 
been  used,  and,  indeed,  the  most  odious  conditions  have  been 
tolerated  rather  than  exercise  naked,  undisguised  force.  So 
all  the  presidents  of  the  United  States  and  all  the  governors  of 
states  have  hesitated  long  and  well,  and,  indeed,  there  is  no 
modern  example  of  the  thing  Peabody  is  doing,  save  Cleveland's 
famous  act  in  Chicago.  .  .  . 

"In  Cripple  Creek  the  thing  at  which  Peabody  has  struck 
with  all  the  power  of  the  state  is  not  physical,  as  in  Chicago, 
but  in  the  air.  That  is  to  say,  men  said  they  were  afraid  to 
go  to  work;  but  there  were  no  criminal  acts.  The  governor's 
excuse  for  his  action  is  that  he  levels  the  armed  force  of  the 
state  against  fear.  To  the  man  who  cares  nothing,  sympatheti- 
cally, one  way  or  the  other,  but  who  has  a  regard  for  law,  the 
view  of  the  matter  is  that  the  governor  should  have  refused  to 
act  until  there  was  evident  lawlessness  and  disorder. 

"The  fact  of  the  business  is  that  the  reasons  for  Peabody 's 
action  would  justify  the  seizure  of  all  union  labor  leaders  on 
the  charge  of  treason,  regardless  of  any  strikes.  In  fact,  it  may 
be  doubted  if  the  governor  realizes  what  he  is  doing.  The 
real,  vital  interest  in  the  thing  is  that  Governor  Peabody  of 
Colorado,  has  cast  a  dye  which,  unless  he  backs  out,  to  use  plain 
words,  means  that  organized  labor  is  treasonable  and,  if  his  at- 
titude is  accepted,  will  mean  the  crushing  of  labor  organization 
by  the  government  as  being  a  society  or  organization  which 
challenges  the  supremacy  of  government.  As  soon  as  the  country 
realizes  what  is  being  done  in  Colorado  it  will  be  recognized  as 
a  national  issue." 

[156] 


RASTALL HISTORY   OF   THE    CRIPPLE    GREEK   STRIKE      157 

There  can  be  but  one  judgment  as  to  the  use  made  of  the 
troops.  State  officers  represent  the  power  of  the  people  as  a 
whole,  and  when  their  authority  is  exerted  it  is  theoretically 
for  the  blind  suppression  of  crime,  and  for  the  preservation  of 
order,  in  the  interest  of  the  general  welfare,  without  regard  to 
class,  order,  or  condition.  When  this  power  is  exercised  on 
lines  of  partisan  bias  to  directly  further  the  interests  of  one 
class  as  opposed  to  those  of  another,  it  is  a  perversion  of  the  in- 
tention of  democratic  government,  and  calls  for  unqualified 
condemnation. 

Sherman  M.  Bell,  Adjutant  General,  in  general  charge  of 
the  troops,  had  been  a  rough  rider  in  the  command  of  Presi- 
dent Roosevelt  during  the  Spanish- American  war.  He  returned 
to  Colorado  to  be  hailed  as  a  popular  hero  for  a  time,  but  soon 
lost  the  admiration  of  the  public  through  his  overbearing  ways 
and  self-conceit.  In  the  Cripple  Creek  campaigns  his  idea 
seemed  to  have  been  to  make  the  most  gorgeous  military  dis- 
play possible,  and  to  give  himself  the  largest  notoriety  as  a  mil- 
itary leader.51  He  was  perfectly  frank  in  the  statement  that 
his  entire  intention  was  to  aid  the  mine  owners  and  to  smash 
the  unions,52  and  his  conduct  caused  a  large  number  of  repre- 
sentative Colorado  citizens  to  give  credence  to  the  statement 
that  he  was  in  the  direct  pay  of  the  mine  owners.  Governor 
Peabody  refused  to  hold  himself  responsible  for  many  of  the 
extreme  acts  of  the  general,  but  if  he  was  failing  to  carry  out 
the  governor's  orders  he  should  have  been  removed.53 

The  charges  upon  which  Teller  County  was  placed  under 
military  rule  were  not  proved  to  be  well  founded.5*  The 
state  authorities  failed  to  secure  the  conviction  of  any  of  the 
criminals  that  it  was  claimed  the  local  civil  authorities  were  need- 
lessly and  intentionally  allowing  to  go  free,  and  they  thus 
laid  themselves  open  to  the  most  serious  charges  of  deliberate 


61  See  pp.  96-102,  110-116,  f.  n.  2. 

52  See  p.  99. 

63  See  pp.  99,  110,  including  footnotes.  Also  various  interviews  during  the 
period  of  military  rule. 

M  See  pp.  115,  f.  n.  29 ;  109,  f.  n.  11 ;  pp.  109,  110,  118.  Also  section  on 
Trials,  Chap.  VI. 


[157] 


158 


BULLETIN  OF  THE  UNIVERSITY  OF   WISCONSIN 


partisan  action.55  The  use  made  of  state  authority  during  the 
second  period  of  military  rule,  when  city  governments  were  be- 
ing overthrown  and  men  being  deported  in  large  numbers,  is 
to  be  strongly  condemned.  The  use  of  the  militia  to  virtually 
back  armed  mobs.56  and  to  give  some  show  of  legality  to  a 
commission  which  on  its  own  admission  was  forcibly  deport- 
ing men  simply  for  refusal  to  leave  a  certain  organization,67 
was,  in  the  opinion  of  the  author,  a  perversion  of  public  author- 
ity, of  the  most  vicious  type.  It  is  true  that  the  commission 
had  to  deal  with  some  men  of  criminal  type,  and  in  their  de- 
portation there  may  have  been  some  justice,  but  when  the 
associations  started  avowedly  and  deliberately  to  wipe  a 
legal  organization  out  of  existence,58  state  authority  should 
have  had  no  choice  but  to  intervene.  We  may  find  some 
excuse  for  the  citizens  of  the  district,  beside  themselves  with  the 
horror  of  the  days  before,  but  the  public  authorities  lost  an 
opportunity  for  the  display  of  that  broader  wisdom,  and  stabler 
judgment,  overriding  the  frenzied  passions  of  the  moment,  that 
should  be  a  chief  glory  of  the  state. 


INDICTMENT   OF   WESTERN   FEDER- 
ATION BY  MINE  OWNERS' 
ASSOCIATION. 

(1.)  That  a  large  number  of  criminals 
and  lawless  men  have  been  welcomed, 
supported  and  sheltered  by  the  Western 
Federation  of  Miners. 


(2.)  That  the  officers  of  that  organ- 
ization and  a  large  number  of  the  mem- 
bers, while  perhaps  not  committing 
crimes  themselves  for  which  they  can 
be  prosecuted,  do  directly  and  indirectly 
advise  or  'encourage  the  lawless  among 
them  to  commit  crimes. 


INDICTMENT  OF  MINE  OWNERS'  AS- 
SOCIATION  BY   WESTERN 
FEDERATION 

(1.)  That  a  large  number  of  ex-con- 
victs, gamblers,  desperadoes  and  other 
criminals  have  been  and  now  are,  know- 
ingly employed  and  paid  by  the  Colorado 
Mine'  Operators'  Association  and  the 
citizens'  alliance  in  Cripple  Creek,  Tel- 
luride  and  elsewhere  in  the  state  as 
deputy  sheriffs,  guards,  detectives,  etc. 

(2.)  That  the  officers  of  these  organ- 
izations and  a  large  number  of  theli- 
members  have  not  only  committed 
crimes  themselves,  for  which  they  could 
and  should  be  prosecuted  and  punished, 
but  the  organizations  as  such,  have  di- 
rectly and  openly  aided  and  abetted  tfie 
same,  and  their  members  have  boasted 
and  approved  of  such  crimes. 


M  /bid. 

5«  See  pp.  125,  126,  128,  130-33,  136,  including  f.  n.  33. 

67  See  pp.  129,  130,  including  footnotes. 

»«  See  pp.  116,  126,  142,  146. 


[158] 


RASTAL1 


-HISTORY   OF   THE    CRIPPLE    CREEK   STRIKE 


159 


(3.)  That  these  officers  and  this  ele- 
ment preach  disrespect  for  the  law  and 
contempt  for  the  lawful  authorities  and 
openly  and  publicly,  as  individuals,  ap- 
prove of  and  gloat  over  the  slugging, 
dynamiting  and  murdering  of  non-union 
men  by  their  criminal  associates. 


(4.)  That  where  this  organization  has 
had  its  members  in  local  public  offices, 
or  where  it  has  had  the  power  to  influ- 
ence peace  officers  and  courts  in'  this 
state,  it  has  paralyzed  the  hand  of  jus- 
tice and  made  it  next  to  impossible  to 
convict  members  of  the  federation  caught 
in  the  act  of  committing  crimes. 


(5.)  That  this  organization,  having 
formally  and  officially  espoused  the 
cause  of  the  so-called  Socialist  party, 
is  opposed  to  our  present  form  of  gov- 
ernment and  is  aiming  at  its  overthrow, 
together  with  the  abrogation  of  the 
present  constitution. 


(6.)  That  this  organization  teaches 
Its  members  to  regard  the  wealth  they 
produce  from  the  property  of  others  as 


(3.)  That  the  association  and  alliance, 
while  shouting  hypocritically  for  "law 
and  order,"  have  openly  defied  the  courts, 
destroyed  the  liberty  of  the  press,  in- 
vaded the  sanctity  of  the  home,  caused 
arrests  without  warrant,  imprisoned  men 
without  charges  of  crime,  driven  men 
from  the  county  after  first  robbing  them, 
and  while  declaring  such  men  to  be 
criminals  of  the  deepest  dye,  have,  with- 
out compunction,  dumped  them  on  neigh- 
boring communities. 

(4.)  That  wherever  the  association  or 
alliance  have  not  had  their  members  in 
public  office,  they  have,  whenever  deemed 
necessary,  compelled  by  violence  and  in- 
timidation, the  resignation  of  duly 
elected  public  officials  and  the  appoint- 
ment of  their  own  creatures  to  the  so- 
called  vacancies.  Wherever  their  mem- 
bers or  tools  are  in  office,  or  where  they 
have  had  the  power  to  influence  peace 
officers  and  courts  in  this  state,  the  law, 
as  established  since  Magna  Charta,  has 
been,  subverted  by  decisions  which  have 
made  the  state  subject  of  derision  to 
the  entire  country,  the  hand  of  justice 
has  been  paralyzed,  and  it  has  been 
futile  to  attempt  conviction  of  tlieir 
members,  although  caught  in  the  act  of 
committing  crime  "and  openly  confessing 
and  boasting  it.  ... 

(5.)  That  these  organizations  have 
formally  and  officially  espoused  the  cause 
of  the  so-called  Republican  party,  which 
they  pretend  to  be  still  the  party  of 
Lincoln.  That  each  of  them  is  opposed 
to  our  present  form  of  government,  and 
aiming  at  its  overthrow.  To  this  end 
they  have  destroyed  and  confiscated  prop- 
erty, destroyed  the  freedom  of  the  press, 
defied  the  courts,  nullified  the  writ  of 
habeas  corpus,  exercised  the  right  of 
search  without  warrant,  denied  the  right 
of  trial  by  jury,  exercised  the  power  of 
banishment,  denied  the  right  of  citizens 
to  keep  and  bear  arms,  and  trampled 
upon1  every  other  guarantee  of  personal 
liberty  made  by  the  constitution  of  the 
state  and  of  the  United  States.  .  .  . 

(6.)  That  the  organizations  mentioned 
teach  their  members  that  the  sole  aim 
and  end  of  existence  is  to  acquire 


[159] 


160 


BULLETIN"  OF  THE  UNIVERSITY  OF  WISCONSIN 


their  own,  thus  encouraging  theft  (of 
ore,  for  instance)  and  also  inflaming  the 
minds  of  its  members  against  their  em- 
ployers, against  the  law,  against  organ- 
ized society  and  aigainst  the  peace  and 
safety  of  the  public. 


wealth  without  producing  it,  and  that 
therefore  the  methods  of  trusts,  stock 
watering,  stealing  ore  from -neighbors  un- 
der the  guise  of  trespass,  and  other 
similar  methods  used  by  predatory 
wealth,  are  respectable,  when  compared 
to  the  economic  theory  that  wealth 
should  belong  to  him  who  produces  it. 


COMPARISON  OF  THE  STRIKES 

The  two  Cripple  Creek  strikes  permit  some  instructive  com- 
parisons. The  first  strike  was  entirely  natural  in  its  origin,  the 
result  of  self -existing  and  compelling  economic  circumstances, 
a  great  economic  depression,  a  large  surplus  of  labor,  great  dif- 
ferences in  a  single  occupation  and  small  field,  as  to  hours  and 
wages  of  labor.  The  second  strike  was  as  artificial  in  its  ori- 
gin as  the  first  was  natural,  the  result  of  a  forced  labor  move- 
ment and  of  the  manipulations  of  labor  leaders.  The  first 
strike  worked  itself  out  among  frontier  conditions,  and  illus- 
trates remarkably  the  labor  movement  in  its  infancy  in  newly 
settled  regions.  The  second  strike  occurred  among  the  condi- 
tions of  a  most  thoroughly  developed  industrial  community, 
and  shows  extreme  types  of  organization  and  collective  action. 
Many  of  the  contrasts  between  the  strikes  are  those  of  entirely 
different  social  stages.  The  result  of  the  first  strike  was  a  def- 
inite, settled,  industrial  condition,  the  result  of  the  second  the 
entire  elimination  of  the  power  of  one  organized  factor. 

The  use  of  state  authority  had  a  very  close  and  vital  connec- 
tion with  both  strikes,  and  with  suggestively  contrasted  results. 
The  conditions  of  the  first  strike  were  generally  favorable  to 
the  mine  owners,  and  it  seemed  practically  impossible  for  the 
miners  to  win  the  fight.  But  the  power  of  the  state  was  inter- 
posed in  their  favor  and  they  won.  In  the  second  strike  the  con- 
ditions were  decidedly  favorable  to  the  miners.  They  were 
strongly  intrenched  in  power,  thoroughly  organized,  and  had  a 
large  financial  backing.  But  the  power  of  the  state  was  exerted 
in  favor  of  the  mine  owners  and  they  won.  In  both  strikes  the 
state  held  the  balance  of  power,  and  the  sympathetic  use  of  its 
authority  reversed  the  expected  result,  in  the  first  case  in  favor 

[160] 


RASTALL HISTORY    OF    THE    CRIPPLE    CREEK    STRIKE      161 

of  one  side,  and  in  the  second  in  favor  of  the  other.  There  is 
a  suggestion  here  of  a  probable  lack  of  appreciation  of  the 
strength  of  the  state  as  a  factor  in  past  labor  history,  and  of  its 
possible  importance  in  the  future. 

Both  the  Cripple  Creek  strikes  point  clearly  to  the  fact  that 
the  ever-recurring  dispute  between  civil  and  military  author- 
ities when  both  are  being  actively  exercised  in  the  same  area, 
has  yet  to  be  settled.  It  may  not  be  out  of  place  here  to  throw 
out  a  suggestion  that  the  federal  government  might  well  carry 
the  nationalization  of  the  state  milita  a  step  further,  and  ar- 
range that  whenever  called  into  active  service  for  more  than  a 
very  brief  time  it  shall  be  placed  under  the  command  of  a  regu- 
lar army  officer.  State  military  authorities  are  of  political  ap- 
pointment, and  likely  to  be  of  small  military  experience  or 
knowledge.  It  is  not  to  be  expected  but  that  such  men  should 
incline  to  over-importance  when  called  into  sudden  authority, 
should  think  little  of  overriding  the  civil  authorities,  and  should 
use  their  power  in  full  consciousness  of  political  exigencies,  or 
that  when  they  are  called  to  a  community  violently  opposed  to 
them  in  politics  a  storm  of  protest  should  be  raised.  The  United 
States  army  officer  is  a  man  of  training  and  legal  knowledge, 
versed  in  the  quiet  exercise  of  authority,  and  used  to  his  power. 
He  would  at  least  be  free  from  the  blinding  effect  of  local  pol- 
itical interests,  and  his  authority  would  tend  to  be  more  judic- 
iously used,  more  unquestionably  accepted  and  more  thoroughly 
respected  by  both  sides. 

No  especial  discussion  need  be  given  of  the  part  played  by 
politics  in  the  Cripple  Creek  strikes.  Every  phase  of  the  con- 
flicts had  its  political  as  well  as  industrial  aspects.  So  com- 
pletely was  the  political  element  involved  that  the  whole  nar- 
rative can  be  read  with  reference  to  its  political  disclosures, 
and  the  significance  of  the  struggle  is  as  deep  politically  as  in- 
dustrially. 

There  is  a  lesson  to  labor  unions,  though  not  of  an  unusual 
sort,  in  the  second  strike,  in  the  danger  from  loss  of  democracy 
and  minority  rule.  The  hope  of  unionism  lies  in  its  self  control. 
Intelligent  interest  upon  the  part  of  the  great  mass  of  the  mem- 
bership, and  the  retention  of  local  ballot  control,  are  essential 

11  [161] 


162  BULLETIN  OF  THE  UNIVERSITY  OF   WISCONSIN 

to  safety,  and  the  danger  to  labor  from  a  powerful  body  super- 
ior to  its  control  is  as  great  when  that  body  represents  its  own 
organization  as  when  it  represents  the  ever-decried  ranks  of 
capitalism.  "When  the  union  miners  of  the  Cripple  Creek  Dis- 
trict allowed  their  active  interest  to  flag,  and  permitted  minor- 
ity control,  which  in  turn  delegated  its  power  to  a  radical  com- 
mittee, they  invited  almost  certain  downfall. 


SIGNIFICANCE    OF    THE    LABOR    HISTORY 

The  final  Cripple  Creek  strike  is  to  be  partially  explained  in 
terms  of  its  approach  to  frontier  character.  The  psychologist 
will  wish  to  trace  the  effect  of  the  great  altitude  as  it  works 
to  make  men  more  irritable  and  easily  excited,  and  to  make 
easy,  sudden  and  extreme  bursts  of  passion.  But  the  fuller  ex- 
planation of  the  violence,  the  bitterness,  and  the  disrup- 
tion of  the  community  must  be  sought  in  the  geographical 
and  political  isolation  of  the  district,  and  the  centering  of  its 
whole  industry  in  mining.  The  miners  unions  included  so 
large  a  preponderence  of  the  district  workmen,  and  had  such 
complete  sway  of  the  local  trades  council,  as  to  represent  pract- 
ically the  laboring  class.  When  mining  ceased  business  ceased. 
Who  struck  a  blow  at  mining  struck  a  blow  at  the  entire  busi- 
ness interests  of  the  district.  One  line  of  cleavage  divided  the 
district,  and  he  who  did  not  stand  on  one  side  found  it  hard 
not  to  stand  on  the  other.  Hence  the  solid  front  of  the  Mine 
Owners'  Association,  and  Citizens'  Alliance.  United  labor  on 
one  side,  and  united  business  interests  on  the  other.  This  gen- 
eral economic  cleavage  continued  naturally  into  the  political 
arena,  each  of  the  two  parties  rallying  an  interest  to  its  banner. 
The  political  struggle  was  resultingly  heated  and  severe,  and 
much  partisan  bias  was  to  be  expected  of  the  successful  candi- 
dates. A  people  was  split  into  two  great  classes  economic- 
ally and  politically  for  the  working  out  of  an  industrial  crisis. 

The  Cripple  Creek  strike  stands  in  one  way  for  partial  fron- 
tier conditions,  in  another  it  may  represent  the  completion  of 
a  modern  industrial  development  ahead  of  its  time.  Recent 
movements  in  the  industrial  field,  the  intense  labor  union  activ- 

[162] 


KASTAI/L HISTOKY    OF   THE    CRIPPLE    CKEEK    STRIKE      163 

ity,  the  efforts  for  more  inclusive  and  far  reaching  organization, 
and  the  growth  of  the  sympathetic  strike,  on  one  side ;  the  form- 
ation of  various  types  of  employers  associations  and  citizens  al- 
liances, with  state  and  national  affiliation,  on  the  other,  all 
point  in  the  same  direction  —  toward  the  widening  of  the  areas 
of  conflict  —  a  more  general  and  complete  engagement  of  soc- 
ial forces  when  an  industrial  dispute  is  to  be  settled.  Any  in- 
fluence that  precipitates  the  generalizing  of  the  movements  can 
easily  find  its  way  into  the  political  field. 

In  the  Cripple  Creek  District  this  movement  has  completed 
its  development,  and  the  final  issue  has  been  fought  to  a  finish. 
Other  communities  and  sections  approach  the  same  conditions. 
There  do  not  lack  of  indications  of  a  general  current  sweeping 
the  entire  nation  to  such  a  final  issue.  History  will  tend  to  repeat 
itself  when  the  culminations  come.  It  may  well  be  that  in  the 
throes  of  the  Cripple  Creek  conflict  lie  auguries  of  the  future, 
lessons  for  both  parties  to  the  strife,  and  for  the  "powers  that 
be"  in  state,  in  county,  and  in  town. 

The  strike  may  be  summarized  thus :  The  unions  sowed  class 
consciousness,  and  it  sprang  up  and  destroyed  them.  Control 
passed  from  one  class  to  another,  and  in  the  Cripple  Creek  Dis- 
trict class  rule  is  supreme. 


[103] 


16-1  BULLETIN  OF  THE  UNIVERSITY  OF   WISCONSIN 


BIBLIOGRAPHY 

THE  STRIKE  OF  1894 

Canfield,  John  G.,  Mines  and  Mining  Men  of  Colorado,  Denver, 
1893. 

Tange,  Thomas,  Colorado  Mineral  Resources. 

Calhoun,  W.  C.,  Colorado's  Gold  Fields,  Quarterly  Sentinel, 
Jan.,  1897. 

Wells,  David  C.,  The  Teaching  of  our  Recent  Economic  Experi- 
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Proudfit,  John  "W.  &  Co.,  Cripple  Creek,  Colorado  Springs,  1895. 

Warren  &  Stride,  Cripple  Creek  Illustrated,  Denver,  1896. 

Manning,  J.  F.,  The  Wonderful  Cripple  Creek  District,  Colo- 
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De  LaVergne,  E.  M.,  Early  days  of  Cripple  Creek,  Colorado 
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Mining  Stock  Manual,  Colorado  Mining  Stock  Exchange,  1896. 

Hall,  Lincoln  H.,  Official  Cripple  Creek  District  up  to  Date, 
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Messages  of  Governor  Waite  to  the  Legislature. 

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58th  Cong.  3d.  Session. 

Langdon,  Mrs.  Emma  F.,  The  Cripple  Creek  Strike,  Denver, 
1905. 

Calderwood,  John,  Reminiscences  of  the  Cripple  Creek  Strike, 
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BAST  ALL HISTORY  OF  THE  CRIPPLE  CREEK  STRIKE   165 

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June,  1894. 

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Sec.  3294  A. 
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People  vs.  D.  M.  MeNamara  and  others. 

People  vs.  Jackson  Rhines. 

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People  vs.  Robert  Lyons  and  others. 

People  vs.  Nicholas  Tully  and  others. 
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Cripple  Creek  Crusher. 

Colorado  Springs  Gazette. 

Evening  Telegraph,  Colorado  Springs. 

Rocky  Mountain  News,  Denver. 

Republican,  Denver. 

Times,  Denver. 

Post,  Denver. 

THE   STRIKE   OF    1903-1904 

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1905.  Labor  Disturbances  in  Colorado,  Senate  Document 
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Official  Statement  of  the  Colorado  Mine  Operators'  Associa- 
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Official  Statement  of  the  Western  Federation  of  Miners.  Sen- 
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Ninth  Biennial  Report  of  the  Bureau,  of  Labor  Statistics, 
Colorado,  1903-1904. 

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Biennial  Report  of  the  Auditor  of  State,  Colorado,  1903-1904. 

Official  Proceedings  of  the  Annual  Conventions  Western  Feder- 
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Stenographer's  Manuscript  of  Testimony  before  Coroner's  Jur- 
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[165] 


166  BULLETIN  OF  THE  UNIVERSITY   OF   WISCONSIN 

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(Train  Wrecking). 

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of  the  Mine  Operators'  Association,  Denver,  1904.     "The 

Green  Book." 
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Western  Federation  of  Miners.    Pamphlet  by  Mine  Owners' 

Association,  Cripple  Creek,  1904. 
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of  Industrial  Wars  in  Colorado.  Denver,  1904.     Officially 

adopted  by  the  Western  Federation. 
Bartholomew,  H.  E.,  Anarchy  in  Colorado.     Who  is  to  Blame  T 

Denver,  1905. 
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Despotism  in  Colorado,  McClures,  May  1904. 
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Arena,  1905-1906. 

The  Miners'  Magazine,  Denver,  1903,  1904,  1905. 
Wilshires  Magazine,  New  York,  1903,  1904,  1905. 
The  Appeal  to  Reason,  Girard,  Kas.,  1903,  1904,  1905. 
Colorado  Newspapers  for  the  entire  strike  period: 

The  Post,  Denver. 

The  Republican,  Denver. 

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The  Record,  Victor. 


[166] 


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Completing  the  Series. 


Economies  and  Political  Science  Series 

VOLUME  I 

No.  1.  The  decline  of  landowning  farmers  in  England,  by  Henry 
Charles  Taylor.  1904.  66  p.  25  cents. 

No.  2.  The  history  of  agriculture  in  Dane  county,  Wisconsin,  by 
Benjamin  Horace  Hibbard.  1904.  148  pp.  75  cents. 

No.  3.  A  history  of  the  Northern  Securities  case,  by  Balthasar 
Henry  Meyer.  1906.  136  p.  60  cents. 

VOLUME  n 

No.  1.  The  labor  contract  from  individual  to  collective  bargaining, 
by  Margaret  Anna  Schaffner.  1907.  182  pp.  50  cents. 

No.  2.  The  Financial  History  of  Wisconsin,  by  Raymond  Vincent 
Phelan.  1908.  pp.  292.  50  cents. 

VOLUME  rn 

No.  1.  The  labor  history  of  the  Cripple  Creek  district,  by  Benjamin 
McKie  Rastall.  1908.  pp.  166.  50  cents. 


Hlntory   Series 

VOLUME  I 

No.  1.    The  origin  of  the  system  of  land  grants  for  education,  by 
Joseph  Schafer.    1902.  54  p.    35  cents. 

No.  2.    The  king's  household   in   England  before  the  Norman  con- 
quest, by  Laurence  Marcellus  Larson.     1904.    158  p.     50  cents. 

No.   3.     Lincoln's  suspension  of  habeas  corpus  as  viewed  by  Con- 
gress, by  George  Clarke  Sellery.    1907.    74  p.    35  cents. 


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